hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 232 OF 2008 M/s. Trepko Micron Industries Pvt. Ltd. and Ors. ... Petitioners Versus Trepko A/S - Denmark ... Respondent Mr.M.S.Doctor i/by M/s./ Hariani & Co. for Petitioners. Mr.Sameer Vaidya for Respondent. CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. DATED: 27TH AUGUST, 2008 DATED: 27TH AUGUST, 2008 DATED: 27TH AUGUST, 2008 P.C. P.C. P.C. . Heard counsel for the Petitioner. The counsel for the defendant submits that they have received a letter which was sent by the respondents herein dated 25.8.2008 wherein it has been stated that the respondent wishes to engage another advocate and the learned counsel was asked not to represent or to act on behalf of the respondents. The said letter is taken on record. The counsel is discharged from appearing on behalf of the respondents. By order dated 16.5.2008 ad interim relief was granted in favour of the Petitioner in terms of Prayer Clause (b). Thereafter counsel for Respondents have taken time on four occasions to take instructions and today he has tendered the letter sent by the advocate. On the last date, it was made clear to the parties that no further adjournment will be granted. The defendants have not engaged any other advocate. . The Petitioners have nominated their arbitrator. However, the Respondents have not accepted the said nomination. The Petitioner therefore, filed his application under Section 11 of the Arbitration Act. The said application is pending before the Hon’ble Chief Justice. In view of these peculiar facts and circumstances in my view ad interim which was granted on 16.5.2008 it would be appropriate that this ad interim order is confirmed. Liberty however granted to the respondents to apply for variation or modification of the said order by filing a fresh application or by application before the Arbitration tribunal, if it is so appointed in the application which is field by the Petitioner under Section 11 of the said Act. With these directions, Petition stands disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)