1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 137 OF 2008 Mrs. Sulochana Jagdishprasad Agrawal ...Petitioner. Vs. Ratan Agarwala alias Ratan Garg ...Respondent. Mr.Anil Agarwal for the Petitioner. Mr. Raj Patel i/by Mr. A.M. Saraogi for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 15TH JULY, 2009. P.C.- 1 The Petitioner has taken out this Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) as an amount of Rs.24,57,073/- (Rupees twenty four lacs fifty seven thousand seventy three only) is due and payable under the confirmation of account. 2 By an order dated 18th March, 2008, this Court, after considering the averments so made granted ad-interim relief in terms of prayer clause (b) except the bracketed portion and thereby injuncted to deal with transferring, alienating, encumbering and/or creating any third party right on the immovable property described and marked at Exhibit “G”. This order of injunction remained intact till this date. 3 After hearing both the parties, this Court has dismissed the Petition 2 No.64 of 2009 filed by the Respondent and thereby the amount awarded has attained finality. In the result, there remained no doubt that at present the Respondent is liable to pay the amount of more than Rs.24 lacs, is still remained unpaid. 4 In view of this, considering the averments made and as sufficient case is made out to grant relief in terms of prayer clause (aa) which is nothing but the confirmation of already granted order as prayer clause (b). 5 Prayer clause (aa) reads thus:- “(aa) That pending the filing of execution and final disposal of execution proceeding and till recovery of the Petitioner’s dues under the Award dated 30.6.2008, the Respondent, their servants, agents and family members and persons claiming through them be restrained by an Order and Injunction of this Hon’ble Court from, in any manner whatsoever, alienating and/or transferring and/or encumbering and/or creating third party rights and/or parting with the possession and/or inducing any person into and/or altering the status quo of, and/or disposing off the property, more particularly described in the Schedule to this Petition and marked Exh.”G” or any part thereof.” 6 However, the liberty is granted to the Respondent to settle the matter and or furnish the security to the satisfaction of the Petitioner to secure this amount within a period of four weeks, failing which this order shall continue till the execution of the award. 7 The Petition is accordingly allowed. No order as to costs. (ANOOP V. MOHTA, J.)