1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1614 OF 2008 IN EXECUTION APPLICATION (L) NO. 378 OF 2008 IN ARBITRATIION AWARD DATED 07/02/ OF 2007 ACME STHAPATI LIMITED. ... Applicant. V/s. M/S. SAILEE DEVELOPERS & Anr. ... Respondents. Mr. Snehal Shah with Mr. Satyen Vora i/b. Markant Gandhi & Co. for the Applicants. Mr. R. Shetty for Respondent No.1 CORAM : S.C. DHARMADHIKARI, J. 10TH DECEMBER 2008. P.C. :- This is a Chamber Summons by the Applicant/Creditor who has an Award dated 7th February 2007 in its favour which is seeking to execute against the Respondents who are Judgment Debtors. 2 2. It is stated before me that the Award has become final and under the said Award certain rights have to be created/transferred to the Applicant. The rights are in respect of the immovable property more particularly described in prayer clause (a) of this Chamber Summons. 3. Mr. Rohit Shetty appears on behalf of Respondent No.1 and invites my attention to an Agreement dated 12th July 2006 which is between one Sailee Developers i.e. Respondent No.1 and M/s. Zoom Trade and Reality Limited which is a Third party. It is stated that under this Agreement, the Third Party is claiming the entire land which includes the area forming part of the property more particularly described in prayer clause (a) of this Chamber Summons. In other words, the Agreement is for a larger portion of which the built up area mentioned in prayer (a) i.e. residential portion in Wings B & C on Plot Nos. 3 and 4 forms part off. It is further stated that there is a on going dispute between the First Respondent and the said M/s. Zoom Trade and Reality Limited is sought to be referred to the Arbitrator by M/s. Zoom Trade & Reality Ltd. The Application under Section 11 of the 3 Arbitration and Conciliation Act, 1960 is still pending. In the meanwhie, on an application under Section 9 of the Arbitration Act, the interim measures have been made and therefore, in any event, the property is not being disposed off or alienated or sold. 4. The apprehension expressed by Mr. Shah, learned Advocate appearing for the Applicant is that the statement made and order passed in the above proceedings will not protect the Applicant's rights under the Award, which must be specifically protected. 5. Prima facie, there is substance in this contention and therefore, without prejudice to the rights and contentions of the First Respondent in the on going dispute with M/s Zoom Trade and reality Limited, it is directed that the portion covered under the Award and more particularly described in prayer clause (a) of this Chamber Summons shall not be alienated, disposed off nor any Third Party rights created in respect thereof, in any manner, until the subject Award is executed. 4 6. This is the only relief is sought in this Chamber Summons and the Chamber Summons is accordingly disposed off. (S.C. Dharmadhikar,J.)