: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 181 OF 2009 IN CHAMBER SUMMONS NO. 1639 OF 2008 IN EXECUTION APPLICATION NO. 197 OF 2004 IN ARBITRATION PETITION NO. 2 OF 2001 Maharashtra State Financial Corpn. Ltd. ... Appellant Vs The National Small Industries Corpn. Ltd. & ors. ... Respondents Dr. A.K. Barthakur with Mr. Arun I. Nagarjun and Aditya K. Barthakur for the appellants. Mr. Mahendra Bajpayee i/b M/s. R.J. Singh & Co. for the respondents. CORAM: S.B. MHASE & A.A. SAYED, JJ. DATED : 13TH JULY, 2009. P.C.: 1. Heard both sides. 2. The learned counsel for both sides submitted before us that the single Judge while dealing with this matter has indicated that the dispute could be resolved by resorting to the mechanism provided in the Supreme Court decision reported in 1995 Supp.(4) SCC 541 (ONGC Vs. CCE) and followed in Rajkamal Builders Vs. Ahmedabad Municipal Corporation & ors. reported in (2009) 1 SCC 497. However, since both the counsel were not inclined to seek such an intervention of the authority, the : 2 : matter was decided by the learned single Judge. Now, both the counsel submit that order passed by the learned single Judge be presently set aside. 3. The appellant states that he may be allowed to withdraw Chamber Summons No. 1639 of 2008 with liberty to follow the mechanism as provided in the aforesaid judgments of the Supreme Court viz. 1995 Supp.(4) SCC 541 (ONGC Vs. CCE) and Rajkamal Builders Vs. Ahmedabad Municipal Corporation & ors. reported in (2009) 1 SCC 497. The counsel for the respondents has no objection for granting such a permission. We, therefore, proceed to pass the following order: O R D E R : (a) In view of the concession and request made by both the parties, the order and judgment passed by the learned single Judge is recalled. The appellant is allowed to withdraw Chamber Summons No.1639 of 2008 with liberty to approach the authority and to follow the mechanism as provided in the Supreme Court judgments in 1995 Supp.(4) SCC 541 (ONGC Vs. CCE) and Rajkamal Builders Vs. Ahmedabad Municipal Corporation & ors. reported in (2009) 1 SCC 497. (b) The Appeal, accordingly, stands disposed of. (c) In the facts and circumstances of the case, no order as to costs. Sd/- Sd/- (A.A. SAYED) (S.B. MHASE, J.)