( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ ARBITRATION PETITION (L) NO.189 OF 2009 ARBITRATION PETITION (L) NO.189 OF 2009 ARBITRATION PETITION (L) NO.189 OF 2009 Siddhi Real Estate Developers ..Petitioners V/s. Metro Cash & Carry India Pvt.LTd. and Anr. ..Respondents ...... Mr. Pravin Samdhani with Mr. Sanjay Jain and Mr. Rashinkar & Raj Metha i/by M/s. RKM Legal Services for the petitioners Mr. Anoshak Daver with Rahul Chitnis i/by Praveer G. Shetty for Respondent No.2 ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 3rd March, 2009 DATED : 3rd March, 2009 DATED : 3rd March, 2009 P.C.: P.C.: P.C.: 1. Affidavit of service dated 3rd March, 2009 is filed. In the midst of hearing of this petition, Counsel for the respondent No.2 stated that respondent No.2 received a letter dated 28th January, 2009 requesting respondent No.2 to return to respondent No.1 the Escrow amount, which was lying with respondent No.2. A copy of the said letter is tendered in the Court and the same is taken on record. 2. Learned Counsel for respondent No.2 upon instructions, states that respondent No.2 have paid Escrow amount to respondent No.1. The statement made by counsel for the respondent No.2 is accepted. ( 2 ) 3. This petition was filed in order to have an interim relief so as to restrain respondent No.1 from withdrawing Escrow amount from the account of respondent No.2. Now that the Escrow amount is paid to the respondent No.1, nothing is survived in the petition and the same is required to be dismissed as it has became infructuous. Hence, the following order. ORDER ORDER ORDER . On account of return of Escrow amount by respondent No.2 to respondent No.1, petition has became infructuous and is dismissed accordingly with no order as to costs. . Remove all office objection except the Court fee is dispensed with. . Office to number the petition for statistical purpose. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)