1 arbp54-09 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.54 OF 2009 Dr.Padmanabha Acharya ....Petitioner V/s. M/s.Motilal Oswal Securities Ltd. ....Respondent Mr.R.D. Dhanuka with Ms.Vaishali Chaudhari for the Petitioner. Mr.S.Y. Amare for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 10TH FEBRUARY, 2011. P.C. :- 1. This is a petition under section 34 of the Arbitration and Conciliation Act, 1996 to set-aside the award dated 17.9.2008 made by the sole arbitrator. The arbitration was under the bye-laws, rules and regulations of the National Stock Exchange India Limited. Both the parties have agreed that the award be set-aside. They further agree that the arbitration proceedings be heard afresh by an arbitrator to be appointed in accordance the arbitration agreement between the parties. Both the parties agree and undertake to have the disputes and differences referred to the arbitral tribunal. It is agreed that the proceedings shall be pursuant to the original invocation of the arbitration agreement and not a fresh agreement per-se. 2 arbp54-09 2. Both the parties desire to have Mumbai as a venue for arbitration. It will be open to them to make an application in this regard to the arbitral tribunal. The arbitration petition is accordingly disposed of.