1 911.nms-3123-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3123 OF 2011 IN ARBITRATION PETITION NO. 93 OF 2011. Sai Mauli Estate & Ors. ..Petitioners. vs. DLF Home Developers. ..Respondent. .... Dr. Sadhana S. Mahashabde, for Petitioners. Mr. Kirankumar Phakode, i/b. Aditya Chitale, for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 17TH NOVEMBER 2011. P.C. : By this Notice of Motion, the Petitioners seek setting aside of the order dated 5th May 2011 passed by this Court dismissing the Arbitration Petition for non-prosecution. 2. Perused the Notice of Motion as well as the Affidavit in support thereof. Though sufficient cause is made out by the Petitioners for not remaining present before the Court on 29th April 2011 and 5th May 2011, the same has caused grave inconvenience to the Respondent. In view thereof, the order dated 5th May 2011 is set aside and the Arbitration Petition is restored to file, subject to the Petitioners paying cost of Rs. 25,000/- to the Respondent. The learned Advocate appearing for the Petitioners undertakes to pay cost of Rs. 25,000/- to the Respondent within a period of one week from today. The undertaking is accepted. 2 911.nms-3123-11 4. The Notice of Motion is accordingly disposed of. Place the Arbitration Petition for Admission on 24th November 2011. [ S.J. KATHAWALLA, J. ]