1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3903 OF 2009 1) Dagdabai w/o Rangnath Gawali, R/o-Jaikwadi Vasahat, At & Post-Jaikwadi, Tq-Paithan, Dist-Aurangabad. 2) Vithalrao s/o Yadavrao Shinde, R/o-Wadgaon, Tq-Paithan, Dist-Aurangabad. ...PETITIONERS. VERSUS Indus Ind Bank Ltd., Regional Office Ethibiz Towers, Jalna Road, Aurangabad. ...RESPONDENT. .... Mrs.M.A. Kulkarni Advocate for Petitioners. Mr. M.D. Narwadkar Advocate for the Respondent. .... CORAM: K.K. TATED, J. DATE: 22ND JULY, 2009. PER COURT: 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this Petition is heard finally at the stage of admission. 2 2. Heard learned counsel for the Petitioners and learned counsel for the Respondent. By this Petition under Article 227 of the Constitution of India, Petitioner is challenging the order dated 16th June, 2009 passed by Executing Court in Regular Darkhast No. 62 of 2009 attaching the movable properties of the Petitioner. A few facts of the present case are as under: 2. The Respondent as per agreement dated 7th October, 2005 preferred Arbitration before the sole Arbitrator Shri D. Saravanan Advocate, Chennai. The Arbitrator passed award dated 17th September, 2008 under the Arbitration and Conciliation Act, 1996. In the said award the Arbitrator held that the petitioner herein is liable to pay a sum of Rs.1,64,812/- and interest at the rate of 18% per annum on outstanding amount of Rs.1,18,691/- as per the statement of accounts Exhibit A-8 to the Arbitration Petition alongwith cost and other charges. Pursuant to the said award passed by the Arbitrator, the Respondent preferred Regular Darkhast No.62 of 2009 in the Court of Principal District Judge, Aurangabad on 2nd May, 2009. 3 3. It is admitted position that there is no stay from competent Court to the award dated 17th September, 2008 passed by the sole Arbitrator. Being the money decree, I do not find any substance in the present Writ Petition, in which the Petitioner challenges the order passed by the executing Court on 16th June, 2009. Writ Petition dismissed with cost of Rs.1000/-. Interim stay, if any, stands vacated. 4. Rule stands discharged. (K.K. TATED, J.) asb/JULY09/wp3903.09