1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Arbitration Petition No.839 of 2009 L & T Finance Limited .. Petitioners v/s. Laxmi Bhaskar & Anr. ..Respondents Ms. Joshi i/b. S.I.Joshi & Co. for the Petitioners Mr. Vinod Jadhav i/b. Abhay Jadhav for the Respondents CORAM : R.Y.GANOO, J. DATED : 15th June , 2010 P.C. : 1. This petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996. Learned Advocate for the Petitioners informs the Court that learned Arbitrator has passed an award in September 2009. In view of this development, this petition which was filed prior to passing of award has come to an end. Learned Advocate for the Petitioners submitted that the petitioners want to take out proceeding under Section 9 after passing of the award and therefore the Order of grant of Receiver and other adiinterim orders granted 2 earlier should continue. Learned Advocate Mr. Jadhav opposed the same. 2. Since the award is passed, this petition has become infructuous and petitioners will have to file fresh petition under Section 9 after the stage of passing of the award. Receiver came to be appointed pursuant to the Order passed in this petition. However, Receiver has not taken possession. In my view, it would not be proper to continue the Receiver who has not taken possession, at the same time in order to protect the interest of the petitioners, it would be necessary to pass an order restraining the respondent No.1 from creating third party right and/or parting with possession with regard to the vehicle described in Exhibit G of the petition for a period of one month, so that the petitioners can move the Court for appropriate reliefs. Hence following order is passed. ORDER i) Petition has become infructuous in view of what is stated above and is disposed off accordingly. No costs. 3 ii) Till 20.7.2010 respondent No.1 is restrained from creating third party right or parting with possession in regard to the vehicle mentioned in Exhibit G. iii) In view of the Order in the Arbitration Petition, Motion No.699 of 2010 stands disposed of with no order as to costs as it has become infructuous. [R.Y.GANOO, J.]