: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. 1351 OF 2008 SUMMONS NO. 1351 OF 2008 SUMMONS NO. 1351 OF 2008 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 216 OF 2008 APPLICATION NO. 216 OF 2008 APPLICATION NO. 216 OF 2008 IN IN IN ARBITRATION ARBITRATION ARBITRATION CASE NO.ARB/AJCCB/KALBADEVI/44 CASE NO.ARB/AJCCB/KALBADEVI/44 CASE NO.ARB/AJCCB/KALBADEVI/44 The Akola Janata Commercial Co-op. Bank Ltd. ... Petitioners/. Disputant. V/s. Ratnabai Bachhulal Padia & Ors. ... Respondents. Mr. Utangale i/b. Utangale & Co. for the Petitioner/Disputant. Mr. J.P. Shah i/b. JPS Legal for the Applicant/Respondents. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 30TH 30TH 30TH SEPTEMBER 2008. SEPTEMBER 2008. SEPTEMBER 2008. P.C. P.C. P.C. : : : . The Respondents/Judgment Debtor states that the arbitration award has been challenged by him by filing a Petition under the provisions of the Arbitration and Conciliation Act, 1996 being Arbitration Petition (Lodg.) No.6441 of 2008 and it is pending. Since, the Petition is allowed leave is granted to withdraw this application with liberty to file a fresh application, in case, the challenge to the award fails. Needless to clarify that in the light of the provisions of the Arbitration and Conciliation Act, 1996, the award cannot be enforced until the petition is decided and therefore, the attachment on :2: the properties may continue but they will not be sold until the award became enforceable. The Petitioner’s Advocate states that the Petition will be numbered within a period of 10 days from today. 2. The Petition is allowed to be withdrawn with liberty as prayed. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)