1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION PETITION NO.108 OF 2008 M/s. Homecare Retail Marts Pvt. Ltd. ..Petitioner. Vs. M/s. Haresh Kaushal Developers ..Respondent. .... Mr. Janak Dwarkadas, Senior Advocate with Mr. P.N. Modi i/b Pallavi Ghalsashi for the Petitioner. Mr. D.H. Mehta with Mr. Manish Parekh i/b M/s. Purnanand & Co. for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 4th March, 2008. P.C. : At the hearing of the Petition Under Section 34 of the Arbitration and Conciliation Act, 1996, which is directed against an interim award dated 4th February, 2008, the learned counsel have stated that the following order may be passed without further recording of any reasons : i) Commencing from the month of November 2007 and during the pendency of the arbitral proceedings, the Petitioner shall pay to the Respondent (1) the minimum guaranteed amount quantified at Rs.11 lacs per month; (2) an amount of Rs.2,18,000/- 2 per month on account of property taxes pro rata and (3) an amount of Rs.3,88,000/- towards miscellaneous outgoings; ii) In addition to the aforesaid amounts which shall be paid to the Respondent, the Petitioner shall furnish a security bond to the satisfaction of the Prothonotary and Senior Master in the differential amount of Rs.2 lacs month to month commencing from November 2007 towards the differential charges on account of miscellaneous outgoings; iii) This order shall be without prejudice to the rights and contentions of the parties and shall abide by the final quantification of the liabilities by the Learned Arbitrator. In the circumstances, upon quantification being made, the amounts which have been paid by the Petitioner in pursuance of the aforesaid order shall be taken into consideration in arriving at the final payments,if any due and payable; iv) The aforesaid amounts for each month shall be paid on or before the 15th day of each succeeding month. The amounts which have already fallen due and payable in the months of 3 November and December 2007 and for January 2008 shall be paid within a period of two weeks from today. The Respondents state that they are not obstructing and that they shall not obstruct the supply of amenities to the Petitioner or obstruct the business of the Petitioner subject to their compliance with the obligations in terms of the aforesaid directions. The interim award shall stand modified accordingly. The Arbitration Petition is disposed of in the aforesaid terms since no other point has been pressed on the either side. *****