=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.223 NO.223 NO.223 OF 2003 OF 2003 OF 2003 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO.343 OF 2002 PETITION NO.343 OF 2002 PETITION NO.343 OF 2002 Mr Krishnakumar Birla ...Appellant v/s Ankit Securities and Finance Co. Pvt.Ltd. and anr. ...Respondents Mr Gaurav Joshi with Mr Ajay Khandhar for Appellant. Mrs Lambay i/b M/s Lambay and Co. for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 3RD FEBRUARY 2009 3RD FEBRUARY 2009 3RD FEBRUARY 2009 =2= P.C. :- 1. By consent of parties, appeal is disposed off in following terms. 2. The award made by the Arbitral Tribunal of the National Stock Exchange and the order of the learned Single Judge impugned in the petition are set aside. The Arbitration Department of the National Stock Exchange is directed to refer the dispute between the parties to a new panel of Arbitrators headed by a retired High Court Judge in accordance with the provisions of Rules, Regulations and Bye-laws. All contentions available to both the sides are kept open to be argued before the Arbitral Tribunal. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)