- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ARBITRATION ARBITRATION ARBITRATION PETITION NO.221 OF 2008 PETITION NO.221 OF 2008 PETITION NO.221 OF 2008. Ashok S/o. Bansilal Agarwal. ..Petitioner. vs. Eklavya Prakashan Pvt. Ltd. & Anr. ..Respondents. .... Mr. Rajesh K. Thakar, for the Petitioner. Mr. S.K. Chaurasai, i/b. A.M. Saraogi, for the Respondents. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 9TH JANUARY 2009 : 9TH JANUARY 2009 : 9TH JANUARY 2009. P.C.: P.C.: P.C.: . This petition is filed by the petitioner under section 9 of the Arbitration and Conciliation Act, 1996 for appointment of Court Receiver and an order of injunction in respect of the respondents’ properties. 2. It is the petitioner’s case that an arbitration award has been passed on 10th December 2002 against the respondents, whereunder the respondents are required to pay a sum of Rs.60,00,000/- alongwith simple interest @ 9% p.a. to the petitioner upon expiry of 5 years, i.e. on or before 10th August 2007. It is also stated in the petition that the petitioner is in the process of taking out execution proceedings. It is stated in the petition that until the execution proceedings are taken out, the rights of the petitioner be secured by passing orders in - 2 - terms of prayer clauses (a) and (b) of the petition. 3. The learned Counsel for the petitioner has stated that the petitioner has already taken steps to enforce the award by way of execution proceedings. He has fairly conceded that the petition under section 9 of the said Act has become infructuous and therefore, not maintainable. 4. In view thereof, the petition is dismissed with no orders as to costs. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]