IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.565 OF 2010 IN EXECUTION APPLICATION NO.176 OF 2010 IN ARBITRATION CASE NO.7 OF 2010 M/s. Vatika Fancy Sarees .. Plaintiff V/s. Mr.Rajubhai N. Doshi .. Defendant And Sheriff of Bombay .. Respondent ---- Mr.Lalit V. Sen i/by Rakesh Jain for Plaintiff. Mr.Pawan K. Pandey for Defendant. ---- CORAM : R.S.MOHITE, J DATED : JUNE 21, 2010 P. C.: 1 This is a Chamber summons for lifting the attachment. There is an arbitration award which has been passed. It appears from the award that notice was issued to the defendant in the arbitration petition and in spite of notice, he did not appear before the committee of arbitrators. The claim of the plaintiff is based upon the value of the goods delivered. Advocate for the plaintiff has pointed out his invoices which clearly mention that the transaction would be subject to rules and regulations of Shree Market Silk Merchants’ Association. In my view, the bills therefore, contained an arbitration clause and defendant was put to notice about the same. Having failed to appear before the Arbitrator, the defendant cannot be heard to contend that the award is void abinitio. He has not filed any proceeding for setting aside the said award. In the circumstances, Chamber summons is dismissed. The invoices which have been relied upon are returned back to the Advocate for the defendant. (R.S.MOHITE,J.)