[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.67 OF 2007 IN ARBITRATION PETITION NO.443 OF 2003 Sheth Securities Pvt. Ltd., a defaulter Member of the National Stock Exchange having its address at 13, Homi Modi Street, Fort, Mumbai-400 023. .... Appellants - Versus - 1. Harinarayan G. Bajaj of Mumbai Indian inhabitant having his office at 406, Commerce House 140, Nagindas Master Road, Fort, Mumbai-400 001. 2. The National Stock Exchange of India Ltd., through its Executive Director, having its office at "Exchange Plaza", Bandra Kurla Complex Bandra (East), Mumbai-400 051. .... Respondents Shri S.U. Kamdar, Senior Counsel, with Ms Sunanda R. Kumbhat for the Appellants. Sarvasri Zal Andhyarujinha i/b Vivek Sharma for the Respondents. CORAM: CORAM: CORAM: R.M.S. KHANDEPARKAR & Dr. D.Y. CHANDRACHUD, JJ. DATED: DATED: DATED: MARCH 02, 2007 ORAL JUDGMENT (Per R.M.S.Khandeparkar, J.): ORAL JUDGMENT (Per R.M.S.Khandeparkar, J.): ORAL JUDGMENT (Per R.M.S.Khandeparkar, J.): 1. Heard. Admit. Learned counsel appearing on behalf of the respondents waives service. By consent, heard forthwith. [2] 2. By consent, the impugned order is set aside and the matter is remanded to the learned single Judge to decide the arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 afresh in accordance with the provisions of law. All the issues are kept open and it is made clear that this Court has not expressed any opinion on any of the issues sought to be raised in the appeal. With the above observations, the appeal stands disposed of with no order as to costs. (Dr.D.Y.Chandrachud, J.) (R.M.S.Khandeparkar, J.) sjs/m7aj67.7 sjs/m7aj67.7 sjs/m7aj67.7