Chandka 1 A-970-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 970 OF 2010 IN ARBITRATION PETITION NO. 339 OF 2008 WITH NOTICE OF MOTION NO. 2525 OF 2010 BASF India Limited ..Appellant versus Landcom Properties Pvt. Ltd. ..Respondent Mr. E. P. Bharucha, Sr. Advocate with Mr. S. Purohit i/b. Udwadia & Udeshi for Appellant. Mr. Shailesh Shah i/b. Thakordas & Madgaonkar for Respondent. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 21 February 2011. P.C. : At the hearing of this Appeal, it appeared prima facie that the learned Single Judge has neither considered the submissions of the Appellant nor have the parameters of the jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 been adverted to or dealt with. The learned Chandka 2 A-970-10 counsel appearing on behalf of the Appellant and the Respondent are agreed in stating before the Court that without the expression of an opinion by this Court on the merits of the rival contentions, it will be appropriate and proper if the impugned order of the learned Single Judge dated 30 June 2010 is set aside and Arbitration Petition No. 339 of 2008 is restored to the file of the learned Single Judge for fresh disposal. Accordingly by consent the impugned order of the learned Single Judge is set aside. Arbitration Petition No. 339 of 2008 is restored to the file of the learned Single Judge. We however clarify that in view of the fact that this order has been passed by consent, it has not become necessary for this Court to make the observations on the merits of the rival contentions. Since the Arbitration Petition pertains to the year 2008 it will be open to the parties, to move the learned Single Judge for expeditious hearing and final disposal. 2. In view of the disposal of the Appeal, the Notice of Motion does not survive and is disposed of accordingly. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)