- 1 - 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 jmi ARBITRATION PETITION NO.464 of 2008. Mr.Kamlesh Makwana. ..Petitioner. vs. M/s.Kotak Mahindra Bank Ltd. ..Respondents. .... Mr.H.P.Pandey, for the Petitioner. Mr. Mahesh Menon, a/w. Mrs.Asha Nair, i/b. Mahesh Menon & Co., for the Respondents. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 6TH FEBRUARY,2009 : 6TH FEBRUARY,2009 : 6TH FEBRUARY,2009. P.C.: P.C.: P.C.: . This petition is under section 34 of the Arbitration and Conciliation Act, 1996. 2. By consent of the parties, the award passed by the Arbitrator dated 22nd March 2006 which is impugned in the present petition is set aside on the ground that the service on the respondent no.1 was affected on incorrect/incomplete address and therefore, the respondent no.1 could not remain present before the sole Arbitrator. By consent, it is agreed that the disputes between the parties will be agitated before Mr.Anant Pujari, arbitrator, de-novo. - 2 - 3. Accordingly, the dispute between the parties are referred to the Arbitration of Mr.Anant Pujari. The parties have agreed to request the learned Arbitrator to pass an award within a period of 12 weeks from today. 4. In view thereof, the petition stands disposed of with no order as to costs. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]