1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.406 OF 2008 IN ARBITRATION PETITION NO.337 OF 2008 Mr Prakash Kamat ...Appellant v/s M/s Tokheim Kaizen Pvt.Ltd. And os. ...Respondents Mr D.D. Madon, Sr. Counsel i/b Mr Aditya Chitale for Appellant. Mr M.J. Shah for Respondent No.1. Mr Gautam Ankhad i/b M/s Federal Rashmikant and Co. for Respondent Nos.3 to 7. CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE : 22ND JUNE 2009. 2 P.C. :- 1] On a motion made by the learned counsel appearing for appellants, the appeal is permitted to be withdrawn as the arbitration proceedings themselves have been fixed for final hearing on 12th July 2009. It goes without saying that the Arbitrators while making the award, will make the award on the basis of the material produced before them and without being influenced by the order passed under section 9 of the Arbitration and Conciliation Act 1996 which is challenged in the appeal. Notice of motion No.3465 of 2008 is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.S. MOHITE )