mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 202 of 2008 Prakash Kamat .. Petitioner versus M/s.Tokheim Kaizen Pvt.Ltd. .. Respondent ... Mr.Vishal Gandhi with Aditya Chitale i/b Gandhi & Associates for the petitioner. Ms.Kumkum Sen i/b M.J.Shah for respondent no.1. Mr.R. Srinivasan i/b ANS Law & Associates for the respondent no.2. CORAM : D.G.KARNIK, J DATED : 29th April 2008 P.C.: 1. This petition has been filed by the petitioner under section 9 of the Arbitration and Conciliation Act 1996 restraining the respondents from giving effect to and acting in furtherance of the resolutions passed in the Board meeting held on 2.4.2008. 2. The main contention of the petitioner is that a proper notice of the Board meeting held on 2.4.2008 was not given to him and therefore the resolutions passed in the said Board meeting are illegal and are not binding on him. 3. Learned counsel appearing for respondent nos.1 and 2 stated that without prejudice to their rights and contentions about the legality and validity that the Board meeting dated 2nd April 2008 and without conceding that the notice was improper the respondents would not act upon the resolutions passed in the Board meeting held on 2.4.2008 and would hold a fresh Board meeting with appropriate notice. In view of this, petitioner has no grievance left. Learned counsel for the petitioner therefore seeks leave to withdraw the petition with liberty to challenge the further resolutions, if any, if any ground therefore exists. 4. Petition is dismissed as withdrawn with liberty to challenge the fresh resolutions if any, passed on appropriate grounds if so available in law. (D.G. KARNIK, J)