*1* n.940.10.exa.435.10.935.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.940 OF 2010 IN EXECUTION APPLICATION NO.435 OF 2010 IN ARB/PET/252/98 (ARB/AW/139/97) The Union of India. ..Petitioner -versus- Best Roadways Ltd. and another. ..Respondents ............ Ms.K.G.Parmar, for the Applicants/Best Roadways Ltd.. Mr.S.R.Rajguru, for the Union of India. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 27th September, 2011. P.C.: 1 This is a notice under Order XXI Rule 22 of the Code of Civil Procedure, 1908 by one Best Roadways Ltd. which is arrayed as Respondent No.1 obviously erroneously. The Arbitral Award has been made in favour of Best Roadways Ltd. and it is stated that it has to recover from the Union of India a sum of Rs.1,23,352.50 along with interest. 2 Shri Rajguru invites my attention to the affidavit in reply and vehemently argues that the Notice cannot be made absolute. 3 Since the award was challenged by the Union of India, but the Arbitration Petition was dismissed, once it was dismissed, then, the award is executable and enforceable. In these circumstances, this Notice is made absolute. (S.C. Dharmadhikari, J)