1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.871 of 2010 IN Arbitration Petition (Lodging) No.481 of 2008 GEBBS Infotech Ltd. .. .. Petitioner (Orig. Respondent) v/s. Jurisearch Services (Bombay) Pvt.Ltd. .. Respondent (Orig. Claimant) Mr.Y.S. Bhate for Petitioner. Ms.Anitga Castelino i/by Ms.Meena Shah for Respondent. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 7th June, 2010 P.C. : 1.The Arbitration Award has been passed on 31.1.2008. The Petitioner received the copy of the Award on 17.3.2008. This Petition has been filed on 3.7.2008. It is delayed by a few days so as to fall within the provisions of Section 34(3) of the Arbitration and Conciliation Act, 1996. The Petitioner s Advocate is stated to have been hospitalised and hence the delay. 2.The Petitioner has filed its counter claim. That counter claim appears not to have been considered. The 2 Petitioner is stated not to have appeared before the Arbitrator on several dates of hearing. Nevertheless its counter claim has not been dismissed for want of prosecution also. The Award is challenged on the ground that the counter claim is not considered. Considering this challenge, the Respondent has been allowed to withdraw Rs.5,15,000/-, which takes into account arbitral Award less the amount claimed in the counter claim. Hence only the amount claimed in the counter claim of Rs.1,06,000/- would have to be considered in the Arbitration Petition. For that consideration the Arbitral Petition is required to be heard on merits. 3.Since the Petitioner is stated not to have appeared on a number of dates during the arbitration proceedings and since the Award has been passed two and half years ago, which would now be required to be considered, the Petitioner would be required to pay costs of this Application, if the Petition is required to be heard on merits upon its Application. Hence the following order:- ORDER (a) The Petitioner shall pay costs of Rs.5,000/- to the Respondent within 2 weeks from today. Upon such payment, the Award dated 31.1.2008 shall be taken to have been set 3 aside only in respect of and to the extent of the claim made by the Petitioner in its counter claim before the Arbitrator. (b) It is seen that it would be in the interest of both the parties to consider settlement of the modest amount of Rs. 1,06,000/- in the counter claim instead of agitating the Arbitration Petition itself. (c) The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)