1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 514 OF 2009 Mr. Sachin C. Shah ...Petitioner. Vs. Hemant D. Shah & Ors. ...Respondents. Mr. Bipin Joshi for the Petitioner. Mr. Riyaz Chagla with Mr. H.K. Sudhakara i/by M/s. Khaitan & Co. for Respondent No.1 to 5. CORAM :- ANOOP V. MOHTA, J. DATED :- 3rd FEBRUARY, 2010. P.C.- 1 The learned counsel appearing for Respondent Nos. 1 to 5 has objected to the maintainability of the Petition, as the basic order is passed under Section 16 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) and therefore, Section 34 Petition, as filed, is not maintainable. 2 The learned counsel appearing for the Petitioner seeks permission to withdraw the present Petition with liberty to raise appropriate plea or defence available in accordance with law. Considering the provisions of Section 34 read with Section 16(5) of the Arbitration Act itself, the liberty is granted to the Petitioner. 3 The Petition is accordingly disposed of as withdrawn, with liberty. (ANOOP V. MOHTA, J.)