1 arbap204-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.204 OF 2008 Shivam Parivar Developers Pvt. Ltd. ....Applicant V/s. Andheri Krupa Prasad Co-op. Hsg. Soc. Ltd. ....Respondent Mr.A.N. Jakhadi for the Applicant. Mr.Paritosh Jaiswal i/b Kanga & Co. for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 12TH AUGUST, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The Applicant had submitted its offer pursuant to the tender floated by the Respondent for certain construction work. Along with the offer,the Applicant also forwarded a cheque in the sum of Rs.25,00,000/-. The cheque was dishonoured. The Respondent therefore, rejected the tender. 3. Subsequently the Applicant forwarded a pay order. The Respondent did not accept the same. Ultimately, the Respondent under cover of a letter dated 18.8.2008 addressed to the Applicant’s advocate inter-alia stated that there was no concluded agreement between the parties and returned the pay order. The Respondent also forwarded the cheques in the sums of Rs.5,00,000/- and Rs.2,50,000/-. The cheques of 2 arbap204-08 the aggregate amount of Rs.7,50,000/- were towards the refund of the amounts which were placed with the Respondent. 4. Mr.Jakhadi, the learned counsel appearing on behalf of the Applicant fairly states that the above payments were accepted by the Applicant unconditionally. The cheques were thereafter forwarded to the Respondent who received the same unconditionally. 5. In the circumstances, there is no live claim between the parties. The arbitration application is therefore dismissed.