: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.311 OF 2008 WITH CIVIL APPLICATION NO.369 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.G.S. Godbole with Mr.Satyajeet Mirajkar for the Appellant. Mr.V.S. Gokhale for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATED : 11TH JUNE, 2008. P.C. : 1. No interference is called for with the impugned order despite the fact that the applications for restoration are at times dealt with quite liberally. The learned Judge has found that there is no evidence to indicate that the Appellant remain absent for the reasons alleged. There is nothing to indicate that the finding was incorrect. : 2 : 2. Although it may not be entirely material, it is important to note that the decree is in terms of the arbitration award. The present Appellant had not only not challenged the award but had in his written statement expressly accepted the award. That the written statement was not taken on record is another matter. It is then alleged that one of the parties to the award who is also a Defendant sought to amend the written statement by denying the validity of the award after having initially accepted the validity thereof. One thing is clear that even the parties who now seek to challenge the award have even acted upon the same. 3. In the circumstances, I see no reason to exercise discretionary relief in favour of the Appellant. The Appeal from Order is dismissed. 4. The Civil Application is also dismissed