1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 98 OF 2007 M/s. Sonal Garments (India) Pvt. Ltd. ... Petitioners V/s. M/s. B.G. Shah & Co. ... Respondents. Mr. M.G. Mimani for the Petitioners. Mr. Tushar Goradia for the Respondents. CORAM : S.C. DHARMADHIKARI,J. DATED : 17TH AUGUST 2009. P.C. :- This Arbitration Petition was adjourned from time to time to enable the parties to arrive at some workable arrangement inasmuch as the complaint of the Petitioners is that the Award dated 16th October 2006 has been rendered without the Petitioners having a proper and reasonable opportunity of defending the claim raised by the Respondents. 2. After the Petition was argued for some time, in principle, both sides were agreeable that interest of justice would be sub-served if the impugned award is set aside but parties should commence arbitral proceedings afresh so that the Respondents have an opportunity to assert and prove their claim so also the Petitioners can defend the same. 2 3. Matter was placed today to enable them to agree on appointment of a sole Arbitrator. Accordingly, both Mr. Mimani and Mr. Goradia make a statement that the impugned award be set aside and Mr. S.R. Shah be appointed a sole Arbitrator to adjudicate upon the dispute between parties. Both sides are agreeable that the sole Arbitrator should render an award without in any manner being uninfluenced by the observations and findings in the impugned award as it is set aside by consent. Accordingly, the Petition is allowed, impugned award is set aside. Mr. S.R. Shah, Advocate shall be the sole Arbitrator who will adjudicate upon the dispute afresh and uninfluenced by the observations and findings in the impugned award. In the peculiar circumstances of this case and since the dispute is a long standing, it would be desirable if Mr. Shah, the sole Arbitrator endeavors and disposes off the claim/reference within a period of six months from the date of receipt of the copy of this order. All concerned to act on authenticated copy of the order. In the peculiar facts of the case, there will be no order as to costs. (S.C. DHARMADHIKARI,J.)