IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.466 OF 2007 M/s.Jayant Traders .. Petitioners Versus M/s.D.Tex .. Respondents Mr.Siddharth Murarka i/by Mr.S.K.Jain for the petitioners. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 11th December 2008. : 11th December 2008. : 11th December 2008. P.C.: . Heard the learned counsel appearing for the petitioner. By order dated 05th June 2008 notice has been issued to the respondent. The petitioner has filed service affidavit. It is stated in the service report dated 26th November 2008 that the postal envelope containing the notice issued through Court has been returned with the remark "unclaimed". Apart from the fact that the service will have to be treated as good service, there is an affidavit of service filed by the petitioner. This petition has been filed under section 17 of the Arbitration Act, 1940 for passing a decree in terms of the award dated 08th January 1997. 2 2. My attention has been invited to the averments made in paragraph no.4 of the petition in which it is stated that the respondents have not filed any petition to remit award or to reconsider any of the matter referred to the arbitration or to set aside the award. Reliance has been placed on a certificate issued to that effect by the Prothonotary and Senior Master. I have perused the award. None appears for the respondents. A case is made out for passing a decree in terms of award. Accordingly, the petition is allowed in terms of prayer clause (a). (A.S.Oka,J)