1 NMS-2243-10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2243 OF 2010 IN APPEAL [LODGING] NO.543 OF 2010 IN ARBITRATION PETITION NO.399 OF 2009 Mr.Mayank Varia ..Appellant Vs Motilal Oswal Securities Limited ..Respondents -- Mr.Rajiv Narula i/b.Mr.H.S.Thakkar, for appellant. Mr.D.V.Chavan, for respondents. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 12 th JULY, 2011 P.C: Heard learned counsel for the appellant. For the reasons disclosed in the affidavit in support of the Motion, the Motion is granted in terms of prayer clause (a). [R.G.KETKAR, J.] [D.K.DESHMUKH, J.] 2 NMS-2243-10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL [LODGING] NO.543 OF 2010 IN ARBITRATION PETITION NO.399 OF 2009 Mr.Mayank Varia ..Appellant Vs Motilal Oswal Securities Limited ..Respondents -- Mr.Rajiv Narula i/b.Mr.H.S.Thakkar, for appellant. Mr.D.V.Chavan, for respondents. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 12 th JULY, 2011 P.C: Heard. The appellant who is client of a Stock Broker had claimed that he is not given any instruction for carrying out the transaction. But, the learned Arbitrator has recorded finding of fact that the Broker was regularly supplying information on the on E-mail address of the appellant. In our opinion, the learned single Judge has rightly dismissed the Arbitration Petition. There is no reason to interfere. Appeal is rejected. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]