Judgment:
The Court : Affidavit of service filed in Court be kept on record. It is submitted that the petitioners in the section 11 application [AP No.30 of 2008] have been served, which submission is accepted. This is an application by the substituted heirs of the respondent no.1 being respondent nos.1[a], 1[b], 1[c] and 1[d] to set aside the order dated 4th March, 2010.
Three grounds have been urged; [i] the learned advocate representing the said respondents was ill when the application was taken up for hearing resulting in the order dated 4th March, 2010; [ii] the respondent no.2 in that application has also died.
This was not brought to the notice of the court; [iii] the subject matter of the arbitration agreement was also the subject matter of the suit filed by the petitioners in the section 11 application against the respondents, which stands disposed of.
Therefore, on the above prima facie case, the order dated 4th March, 2010 is stayed. List this application on 3rd August, 2010 as Motion [Adjourned] [Unopposed].
The learned advocate for the applicant herein is to serve another notice upon all other parties. This order is to be forwarded to the Registrar, Original Side so that no steps are taken to place the order dated 4th March,2010 before the Honble Chief Justice or his delegate for the purpose of appointing an Arbitrator.
All parties concerned are to act on a signed photo copy of this order on the usual undertakings.