: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 CHAMBER CHAMBER CHAMBER SUMMONS NO. 875 OF 2007 SUMMONS NO. 875 OF 2007 SUMMONS NO. 875 OF 2007 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION (LODG.) NO. 250 OF APPLICATION (LODG.) NO. 250 OF APPLICATION (LODG.) NO. 250 OF 2007 2007 2007 IN IN IN AWARD AWARD AWARD DATED 19.04.2006 DATED 19.04.2006 DATED 19.04.2006 Kaushik Shah Shares & Securities Pvt.Ltd. ... Petitioners. V/s. Nirjay Securities Pvt. Ltd. & Ors. ... Respondents. Mr. Shyam Mehta i/b. P.V. Shah for the Claimants. Mr. V.M. Sharma for the Respondents 1 & 2. Mr. Vivek Kantawala with Ms. Martha Butala i/b. Vivek Kantawala & Co. for Defendant Nos.3,4 & 5. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 02ND 02ND 02ND APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . This is a Chamber Summons by the Petitioners who are seeking to enforce and execute an Award dated 19th April 2006 which directs Respondent Nos.1 and 2 to this Chamber Summons to pay to the Petitioner the sums more particularly set out in the Award with interest. 2. It is undisputed before me that the Petitioners have challenged the Award and the subsequent order of the Appellate Bench to the extent that the Arbitrators and the Appellate Bench reject the claim of the Petitioners in so far as Respondent Nos. 3 to 5 to this Chamber Summons. In other words, no relief having been granted in favour of :2: the Petitioners as far as these Respondents are concerned, aggrieved by that, the Petition under Section 34 of the Arbitration and Conciliation Act is filed and the same is admitted by this Court. 3. The only argument that was canvassed before me by the First and Second Respondents is that this Award is not enforceable because the Petitioners have challenged the same and the Court has admitted the Petition. 4. When the matter was placed before me today, I made it clear to both sides that the issue as to whether the Award is enforceable or executable can be kept open and without prejudice to the contentions in that behalf, Respondents 1 and 2 may be directed to place on record an affidavit of disclosure of the assets and properties of the First Respondent - Company so also the Second Respondent. 5. The learned Counsel appearing for Respondent Nos.1 and 2 took instructions from Respondent No.2, who is present in Court and made a statement that the affidavit disclosing the assets and properties would be filed within a period of four weeks from today subject of course to the above contentions being kept open and without prejudice thereto. 6. In the light of this statement by Respondent Nos. :3: 1 and 2, which is accepted as an undertaking to this Court, no other reliefs are necessary to be granted in this Chamber Summons. The affidavit be filed within a period of four weeks from today with advance copy to the Petitioner’s Advocate. Needless to state that all contentions of both sides with regard to enforceability of the Award are kept open. The Chamber Summons made absolute accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)