1. This Notice of Motion is taken out by respondent to re-call the order dated 27.6.2017 to the extent of appointment of the Arbitrator. The Municipal Commissioner of the Corporation has also filed an affidavit in support of this Notice of Motion.

2. The petitioner had filed the above arbitration petition to restrain respondent nos.1 & 4 from encashing 3 bank guarantees. The above matter was listed for hearing on 27.6.2017 when the advocate for the petitioner stated that they were ready and willing to go for arbitration and had suggested the name of Mr. Justice V.M.Kanade (Retd.) to be appointed as sole arbitrator. Counsel for respondent Mr. E.P.Bharucha on instructions from one Mr.Agashe Assistant Engineer (Meter Workshop City-BMC) who was representing the respondent nos.1 & 4 and who was also present in the court stated that said respondents have no objection to the appointment of Mr. Justice V.M.Kanade (Retd.) as sole arbitrator. Accordingly, the order dated 27.6.2017 was passed appointing Mr.Justice V.M.Kanade (Retd.) as sole arbitrator and the petition was disposed.

3. The respondent nos.1 & 4 have subsequently taken out this Notice of Motion on the ground that the agr