1 CHS 384.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. OF 2011 IN EXECUTION APPLICATION NO. 969 OF 2010 IN ARBITRATION AWARD DATED 16TH NOVEMBER 2009 Bharat Petroleum Corporation Ltd. ... Judgment Creditor. (Original Claimants) V/s. Kingfisher Airlines Limited. ... Judgment Debtor (Original Respondents) Mr. Amol Bavare i/b. M/s. Udwadia & Udeshi for the Judgment Creditor. Ms. Ankita Singhania i/b. Bachubhai Munim & Co. for the Judgment Creditor. CORAM : R.Y. GANOO, J. DATED : 5th MARCH 2011. P.C. :- Not on Board. Called out at 3.20 p.m. in Chamber. Learned Counsel for the Respondents has tendered draft Chamber Summons. Same is taken on record. Leave under Rule 127 of Bombay, High Court (Original Side) Rules, 1980 is granted. 2. Heard learned Counsels on both sides. Learned Counsel appearing on behalf of the Claimants has no objection for 2 CHS 384.11.sxw modifying order dated 25th December 2010 passed in Chamber Summons No. 1856 of 2010 as per Schedule (1) annexed to this Chamber Summons. 3. Learned Counsel Mr. Amol Bavare for the Claimants further submitted that the Court should also pass an order in order to protect the interest of the Claimants in terms of the words appearing on page 15 of this Chamber Summons i.e. “save and except as provided above ................ learned Arbitrator dated 16th November 2009. 4. In my view, on account of consent given by the learned Counsel for the Claimants and accepting his suggestion, an order can be passed. 5. Hence, following order is passed to dispose of this Chamber Summons :- (i) So far as prayer clause (a) is concerned, it is granted. In addition to that, it is hereby ordered that all other terms in order dated 25th December 2010 shall remain unaltered and binding on the parties. (ii) It is further ordered that in view of the above, all attachments levied by the Judgment Creditor or in the process of being levied either on the bank accounts or any other assets and properties, 3 CHS 384.11.sxw including Kingfisher House or by way of garnishee orders including in particular garnishee orders that have been issued to Travels Agents or third parties stand lifted with immediate effect. However, the warrants of attachment already issued are not set aside but are kept in abeyance so that the same can immediately come into force and be acted upon in the event of any default on the part of the Judgment Debtor as set out above without further reference to this Court. (iii) In addition to the above, it is further ordered that the Judgment Debtor shall reimburse to the Judgment Creditor all charges and poundage of the Sheriff of Bombay that may be paid by the Judgment Creditor to the Sheriff of Bombay in respect of the attachment proceedings commenced at the instance of the Judgment Creditor in connection with the execution of the award passed by the learned Arbitrator dated 16th November, 2009. (iv) It is clarified that this order shall not in any way be construed as modification and/or variation of the consent award passed by the learned Arbitrator dated 16th November 2009. (v) The Chamber Summons is also made absolute in terms of prayer clause (b). 4 CHS 384.11.sxw (vi) There shall be no order as to costs. 6. All concerned to act on the basis of authenticated copy of this order, duly authenticated by the Associate of the Court. (R.Y. GANOO, J.)