1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.138 OF 2009 IN SUIT NO.2401 OF 1991 Mahanagar Telephone Nigam Ltd ....Plaintiffs V/s. Automobile & Engineering Works ....Defendant Mr.Vyal R Shukla i/b Shukla and Associates for the Plaintiffs. Mr.Ashif Kamat i/b M/s A Mehta Laljee & Co. for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 5TH NOVEMBER, 2009. P.C. :- 1. Mr. Kamat, learned counsel appearing on behalf of the Defendant submitted that the plaintiff had given up its right to have the matter decided in arbitration. However, it is not open for me to question the order dated 26th October, 2007. If the Defendants are aggrieved by the order, it is for them to take appropriate proceedings in respect thereof. 2. For the reasons stated in the affidavit in support, this Chamber Summons is made absolute in terms of prayer (a). 3. Time to comply with order dated 26th October, 2007 is extended. An appointment has already been made. 2 4. Needless to say that the Arbitrator will give notice to all the parties of any meetings.