IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION PETITION NO.303 OF 2007 WITH CHAMBER SUMMONS NO.1646 OF 2007 Messrs. B.K. Suchde & Sons ..Petitioners. Vs. Ramesh G. Biyani & another ..Respondents. .... Mr. Shailesh Shah with Ms. Sarkar i/b M/s. Madhukar Munim & Co. for the Petitioners. Mr. S.U. Kamdar with Mr. Purohit i/b M/s. Purohit & Co. for Respondent No.1. .... CORAM: DR. D.Y. CHANDRACHUD, J. 8th January, 2008. P.C. : Counsel appearing for the Petitioners states that the Petitioners have furnished instructions to withdraw both the Chamber Summons and the Arbitration Petition since the Petition was erroneously instituted under the provisions of Section 30 of the Arbitration Act, 1940. The learned counsel states that the Petitioners desire to file a fresh Petition under the provisions of the Arbitration and Conciliation Act, 1996 with an application for condonation of delay with reference to Section 14 of the Limitation Act. The Petition and the Chamber Summons are accordingly dismissed as withdrawn. All the rights and contentions of the parties on the question of limitation are kept open.