-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 06 OF 2007 ARBITRATION PETITION NO. 06 OF 2007 ARBITRATION PETITION NO. 06 OF 2007 M/s. Chheda Land Developers Pvt.Ltd. .. Petitioners. V/s. Dattatraya Maharaj Co-operative Housing Society Ltd., & Ors. .. Respondents. --- Mr.M.Tripathi i/by M/s. M. Tripathi & Co. for the petitioners. Mr. A.S.Desai for the Respondent Nos.1 to 3. --- CORAM : SWATANTER KUMAR, C.J. CORAM : SWATANTER KUMAR, C.J. CORAM : SWATANTER KUMAR, C.J. DATED : 01ST FEBRUARY, 2008. DATED : 01ST FEBRUARY, 2008. DATED : 01ST FEBRUARY, 2008. P.C. : P.C. : P.C. :- . When the matter came up for hearing on 24th of August, 2007 before this court, after hearing the counsel appearing for the parties, the court passed the following order : . "Learned counsel for the petitioner prays for time to place on record documents to show that the Arbitrator has refused to continue with the arbitration proceedings, despite the fact that an Award has been made which is at page 197 of the paper book. Stand over to 7th September, 2007." 2. Thereafter, till today, the learned counsel -: 2 :- appearing for the petitioner has taken no steps to place any document before the court to show that the learned Arbitrator has refused to continue in the proceedings. On the contrary, as already noticed, the Award was passed by the Arbitrator on 8th of July, 2003. A copy of which has been placed on record as Exh.4 at page 197 of the paper book. 3. I see no merit in this petition. The same is dismissed. However, the parties are at liberty to take steps in accordance with law in relations to the Award passed by the learned Arbitrator. No order as to costs. 4. After the above order was passed, the learned counsel appearing for the petitioner mentioned the matter alongwith the counsel appearing for the respondents. The learned counsel appearing for the respondent has no objection to the above order being recalled and the petition being restored to its original number and file. Consequently, the above order is hereby recalled and the petition is restored to its original number and file. 5. At this stage, the learned counsel appearing for the petitioner wish to withdraw this petition with liberty to take such steps which may be permissible in -: 3 :- accordance with law. To this, the learned counsel appearing for the respondents has not stated any objection before the Court. 6. Hence, at the request of the learned counsel for the petitioner, this petition is dismissed as withdrawn with liberty as prayed for. Parties to bear their own costs. (CHIEF JUSTICE ) .....