1 car5-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5 OF 2011 IN ARBITRATION APPEAL NO.32 OF 2008 M/s.S.D. Industries ....Applicants/Ori.Respondents V/s. Thyssen Krupp Industries Ltd. ....Respondent/Ori.Appellant Mr.Vishal Kanade i/b Mr.S.S. Gawde for the Applicant. Mr.Mayur Khandeparkar i/b Kanga & Co. for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 5TH APRIL, 2011. P.C. :- 1. This is the applicants/original respondents’ application to withdraw an amount of Rs.31,84,176/- together with interest accrued thereon. The amount was deposited by the appellant, who had challenged the award. The deposit was pursuant to an order dated 14.8.2009 at the time of admission of the appeal. The learned Judge granted interim relief against execution of the award against the appellant depositing the decretal amount in this Court within four weeks. The learned Judge further ordered that the amount shall stand invested and would be subject to such other or further orders to be passed by this Court at the appropriate stage. 2. The award is dated 18.12.2004. The appellant’s petition under section 34 of the Arbitration and Conciliation Act, 1996 to challenge the award was dismissed by the District Court on 2.12.2008. The above appeal 2 car5-11 was admitted on 14.8.2009 and was dismissed on 14.9.2010. The order dated 14.9.2010 has not been challenged. It has attained finality. The applicants/respondents are therefore, entitled to withdraw the amounts which were deposited. 3. A technical argument was raised to the effect that the respondents ought to adopt execution proceedings. Nothing really remains to be done in this matter. The award is now final. The amount is admittedly due and payable to the applicants/respondents. I see no reason then to reject the application for withdrawal of the amount which is only a part of the amount that the respondents are entitled to. The execution proceedings will continue regarding the balance. 4. It was then submitted that prayer clause (a) of the civil application states that the respondents may be permitted to withdraw the amount “towards satisfaction of the said amount” meaning thereby that the amount, if withdrawn, would only be towards a full and final satisfaction of the amount due under the award. It would be unfair to read the prayer in this manner. The prayer does not state that if the respondent is permitted to withdraw the amount, it would treat the same as full and final satisfaction of the award. 5. In the circumstances, the civil application is made absolute in terms of prayer (a). It is clarified that the respondent/applicant shall be at liberty to adopt/continue execution proceedings for the balance.