* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 30 OF 2009 Thane Municipal Corporation ...............Appellant/Orig.Resp. V/S. Leaf Biotech Pvt.Ltd ............Respondents/Orig.Claimant ----------- Mr. R.S. Apte i/by. Mr. N.R. Bubna, adv.for the appellant. Mr. S.M. Oak, adv.for respondent no.1. ALONGWITH ARBITRATION APPEAL (ST) NO. 3242 OF 2010 Leaf Biotech Pvt. Ltd ..........Applicant V/S. Thane Municipal Corporation ........Respondent ------ Mr. S.M. Oak i/by. Sagar Joshi, adv.for the applicant. Mr. R.S. Apte i/by. Mr. A.A. Garge, adv.for the respondent. CORAM :- S.C. DHARMADHIKARI, J. DATED :- 19th MARCH, 2010. * 2 * P.C. :- 1. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 by the Thane Municipal Corporation. 2. It is aggrieved by an order dated 17/7/2009 in Miscellaneous Application No. 202 of 2005. 3. This was an Miscellaneous Application preferred by the appellant to challenge an Award dated 8/08/2005 passed by the sole Arbitrator. 4. The respondent before me is the original claimant. 5. The respondent has also filed an appeal challenging a part of the order wherein the learned Judge has while setting aside the Award remitted the matter back to the sole Arbitrator for consideration of the counter claim of the appellant before me. 6. After hearing both sides and finding that the same order is under challenge in both appeals and parties desire to have a proper and complete adjudication, interest of justice would be served if the order under challenge is set aside. Miscellaneous Application No. 202 of 2005 is restored to the file of the District Court, Thane for being dealt with afresh and without being influenced by any observations made in the impugned order. 7. Needless to state, that all contentions of both sides are kept open. It will also be open for the respondents to press their application, which * 3 * has been made to the learned Principal District Judge with regard to invocation of his powers under Section 34(4) of the Arbitration and Conciliation Act, 1996. The learned Judge to pass appropriate orders on both applications, after hearing the parties. Appeals allowed accordingly. No costs. [S.C. DHARMADHIKARI, J]