1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.991 OF 2003 IN ARBITRATION PETITION NO.608 OF 2001 M/s.Biharilal Sunderdas Finance and Investments Pvt.Ltd. ...Appellant vs. M/s.Moderan Shares & Stockbrokers Ltd. ...Respondent --- Mr.Ajay Khandhar, for appellant. Mr.B.B.Saraf i/b. Negandhi Shah & Himaytullah, for Respondent. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 22nd January, 2009. P.C.:- 1. By consent of parties, the order passed by the learned Single Judge dated 19.6.2002 in 2 Arbitration petition no.608 of 2001 and the Award made by the Arbitral Tribunal of the National Stock Exchange of India dated 30.4.2001, are set aside. The Arbitral department of the National Stock Exchange of India is directed to refer the dispute between the parties to a Sole Arbitrator who may be on the panel. All the challenges available to both the sides are kept open to be raised before the learned Arbitrator. If the parties so choose, the learned Arbitrator shall permit the parties to lead documentary as well as oral evidence and shall make award in accordance with law. Appeal is disposed of. The learned Arbitrator shall dispose of the matter as expeditiously as possible in any case within a period of six months from the constitution of Arbitral Tribunal. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) 3 ---