IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 267 OF 2008 NO. 267 OF 2008 NO. 267 OF 2008 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO. 444 OF 2007 PETITION NO. 444 OF 2007 PETITION NO. 444 OF 2007 1. Jaico Securities Pvt. Ltd. & anr. ] .. Appellants (Org.Petitioners) Versus Standard Chartered Bank ] .. Respondents (Org.Respondents) Mr. Pheroze Colabawala i/b M.s. RMG Law for the appellant. Mr. Ajay Khaire i/b M/s. M.S. Bodhanwala & Co. for the respondent. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 27TH AUGUST, 2008 P.C. : 1. Heard both sides. 2. The Advocate for the respondent has now filed the Vakalatnama. 3. The order dated 19th April, 2008, passed in Arbitration Petition No.444 of 2007 is under challenge. On the date, when the matter was called out before the learned single Judge, the Advocate for the petitioners : 2 : reported no instructions to the court and no other Advocate, duly instructed by the petitioners was present. Therefore, the learned single Judge has marked the petitioners as "absent" and the Petition has been dismissed for non prosecution. Hence this Appeal. 4. An application for setting aside the impugned order could have been moved before the learned single Judge, however, the appellants have instead chosen to file this appeal. It is brought to our notice that the firm was not ready to proceed with the matter since one of the Partner of the said firm had advised the appellant and the other Partner had advised the respondent. Under these circumstances, the firm wanted to seek discharge. 5. We find that the reason given by the appellants-original petitioners is proper and that under such circumstances, the learned single Judge should not have dismissed the Petition for non prosecution. We, therefore, set aside the order dated 17th April, 2008, and restore the matter to its original position. 7. Appeal, accordingly, stands disposed of. Sd/- Sd/- : 3 : [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]