1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi REVIEW PETITION (L) NO.37 OF 2009 IN ARBITRATION PETITION NO.590 OF 2008 . Heart & Soul Entertainment Ltd. ..Org. Petitioner. And Deepak Bahry. ..Org. Respondent. And Mr. Anand Poojari. ..Review Petitioner. .... Mr. Dinyar Madon, Senior Counsel, a/w. Mr. B, Colabawala, a/w. Mr. Cyrus Ardheshir, i/b. S.I. Joshi & Co., for Review Petitioner. Mr. Yasin Mohammed, Director of Original Petitioner. Ms. Seema Gupta, Mr. R.R. Varma, i/b. Mr. A.M. Saraogi, for Respondent. .... CORAM : S.J.KATHAWALLA, J. DATE : 14TH SEPTEMBER 2009. P.C. The review petition is filed by the review petitioner Mr. Anand Poojari who is an Advocate of this Court, seeking review/ recall of the order dated 26 th March 2009 passed by this Court to the extent of certain observations being made against Mr. Anand Poojari in paragraph nos. 7, 8 and 9 of the said order, and referring the matter to the Bar Council of Maharashtra to look into the matter and if 2 deemed fit, after hearing Mr. Anand Poojari, to take appropriate disciplinary action against Mr. Anand Poojari. 2. Mr. Madon submits that the said observations were made and the matter was referred to the Bar Council of Maharashtra against Mr. Anand Poojari by this Court without hearing Mr. Poojari. It is submitted that though this Court has in its order recorded that the observations made against Mr. Poojari are prima-facie, the same would be a stigma on the career /reputation of Mr. Poojari. Mr. Madon submits that Mr. Poojari has no objection if he is heard in the matter and his conduct decided thereafter on merits. 3. Mr. Yasin Mohmmed, the original petitioner appearing in person submits that he has no objection if Mr. Madon’s submissions are accepted/ allowed. Ms. Seema Gupta appearing for the original respondent has tried to advance arguments on the merits of the matter as well as the conduct of Mr. Poojari. 4. After taking the above submissions into consideration, I pass the following order :- 3 (i) All observations pertaining to the conduct of Mr. Anand Poojari in the said order including the observations in paragraph nos.7, 8 and 9 are recalled. (ii) Place the matter before the appropriate Court on 5 th October 2009 for passing appropriate orders after hearing Mr. Anand Poojari and the parties to the proceedings. 4. Review petition is accordingly disposed of. [ S.J.KATHAWALLA, J. ]