1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R Narpat Singh Lakhawat Vs. HDFC Bank Ltd. & Ors. S.B.CIVIL WRIT PETITION NO.5727/2008 Date of Order : : 22/08/2008 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr.Dinesh Mehta, for the petitioner. BY THE COURT: By the instant writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 29th of March, 2008 (Annexure-7) passed by learned Additional District Judge No.2, Jaipur City, Jaipur in Civil Misc.Case No.267/2008 purported to be under Section 9 of the Arbitration and Conciliation Act, 1996 as also seeks restraining the respondent-HDFC Bank to take possession of the JCB machine which is subject matter of the case. Learned counsel for the petitioner submits that on 2 12th of August, 2008, the possession of the JCB machine has already been taken over by the respondent-Bank, therefore, the relief No.2 sought in the writ petition has become infructuous. So far as relief No.1 seeking quashing of order dated 29th of March, 2008 (Annexure-7) is concerned, the matter is pending in the court of Additional District Judge No.2, Jaipur City, Jaipur in the arbitration proceedings and it is open for the petitioner to approach the said court and move for reviewing/recalling the order if it has been passed ex-parte or without service upon the petitioner. With these observations, the writ petition is dismissed. (H.R. PANWAR), J. NK 3 S.B.CIVIL MISC.STAY APPLICATION NO.10246/2008 IN S.B.CIVIL WRIT PETITION NO.5727/2008 Date of order : : 22/08/2008 HON'BLE MR.H.R.PANWAR,J. Mr.Dinesh Mehta, for the petitioner. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. NK