1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3896 OF 2009 IN APPEAL NO.505 OF 2009 IN ARBITRATION PETITION NO.495 OF 2006 The Maharashtra Agro-Industries Development Corporation Ltd. .. Appellants Vs. M/s.Gupta and Company .. Respondents WITH NOTICE OF MOTION NO.33 OF 2010 IN APPEAL NO.505 OF 2009 IN ARBITRATION PETITION NO.495 OF 2006 IN AWARD DATED 30/08/2006 The Maharashtra Agro-Industries Development Corporation Ltd. .. Appellants Vs. M/s.Gupta and Company .. Respondents Mr.M.G.Patil i/b Mr.N.N. Bhadrashete for the appellants Mr.S.U.Kamdar, Senior Advocate i/b Mr.S.S.Phadke for the respondents CORAM : J. N. Patel, Acting C.J., B.R.Gavai, J. DATE : January 20, 2010 2 P.C. : 1. The Notice of Motion No.3896 of 2009 is taken out by the appellant (Original Petitioner) for seeking stay of the effect and operation of the award dt.30.08.2006 passed by the Arbitral Tribunal and for raising the attachment levied on the properties spelt out in prayer clause (c). On the other hand, the respondents have taken out Notice of Motion No.33 of 2010 for permission to withdraw the amount of Rs.81 lacs deposited by the Appellants in this court subject to the terms and conditions as this court may fix. 2. In view of the fact that the appellants have deposited the sum of Rs.81 lacs, notice of motion no.3896 of 2009 is made absolute in terms of prayer clause (c) (i), (ii) and (iii). We permit the respondents to withdraw the sum of Rs.81 lacs deposited by the appellants on furnishing surety to the satisfaction of Prothonotary and Senior Master, High Court, Bombay. 3. Both the Notices of Motion stand disposed of accordingly with no order as to costs. (ACTING CHIEF JUSTICE) (B.R.GAVAI, J) 3