-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3341 OF 2008 IN ARBITRATION APPLICATION NO. 194 OF 2006 Mrs. Rajkumari V Mishra and others ).. Applicants Versus Manoj Mishra and another ).. Respondents Mr Y R Shah for the Applicants. Mr M S Mishra, Respondent No.1, present in person. CORAM : SWATANTER KUMAR, C.J. DATED : 16TH JANUARY 2009 P.C. Heard learned Counsel appearing for the parties. The Motion is for recalling of the order dated 29th August 2008 and for restoration of the Arbitration Application No. 194 of 2006 to its original number and file. 2. The present Notice of Motion is supported by an affidavit wherein it has been stated that the Senior Counsel had gone to Delhi while the junior Counsel was busy in other Court when the matter was called out and dismissed. The the course of the argument, the learned Counsel appearing for the Applicants has also brought to the notice of -2- the Court that the directions contained in the Order dated 6th June 2008 had been complied with by praecipe filed on10th June 2008. The learned Counsel appearing for the Applicants states that the points of dispute, copy whereof has also been shown to the Court today, has already been filed in Court. Respondent No.1, who appears in person, objects and submits that there is no sufficient cause shown for recalling of the order dated 29th August 2008. 3. I am satisfied with the explanation rendered by the learned Counsel appearing for the Applicants. The points of disputes have already been filed. In the interest of justice, the Notice of Motion is allowed. The order dated 29th August 2008 is re-called subject to payment of Rs.2,000/- (Rupees Two thousand only) as costs. Costs being condition precedent. 4. Notice of Motion made absolute in terms of prayer clause (a). Motion disposed of accordingly. 5. List the Arbitration Application for hearing on 20th February 2009. CHIEF JUSTICE