dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION REVIEW REVIEW REVIEW PETITION NO.19 OF 2008 PETITION NO.19 OF 2008 PETITION NO.19 OF 2008 IN IN IN ARBP. ARBP. ARBP. PETITION NO.271 OF 2006 PETITION NO.271 OF 2006 PETITION NO.271 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms.Swati Sawant for the applicant. Mr.Avinash Joshi with Mr.Vipul Bilve i/b.Mulla & Mulla and C.B.C. for the respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 21st October, 2008. : 21st October, 2008. : 21st October, 2008. P.C. P.C. P.C. This is a review petition taken out as on 8th June 2007 based upon the earlier order dated 27.4.2007 in Notice of Motion No.3836/2006 in Arbitration Petition No.271/2006, this Court has dismissed the arbitration petition for want of non-removal of office objection within six weeks as it was last chance. Admittedly the order is dated 27.4.2007. Six weeks time was granted. 8th June 2007 was the last date to ( 2 ) remove the said office objection. But on that day itself, the matter was dismissed. That day the objection could have been removed. The learned counsel for the petitioner makes statement that she has removed office objection pursuant to order dated 27.4.2007 on 8th June 2007 itself by filing notice of motion for condoning the delay bearing No.2080/2007. In view of this, I am inclined to allow this review petition. Accordingly it is allowed. The learned counsel for the respondent makes statement that the said Notice of Motion No.2080/2007 itself was dismissed because of dismissal of Arbitration petition. In view of this Arbitration Petition No.271/2006 is revived. The petitioner to take steps immediately for removing objection. However, this is ( 3 ) subject to paying costs of Rs.5,000/- within four weeks from today to the respondent. This is a condition precedent. It is made clear that the petitioner, if fails to deposit this amount and fails to remove the office objection, the original order of dismissal of main petition stands revived automatically without reference to court. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]