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 APPEAL NO.791 OF 2005 APPEAL NO.791 OF 2005 APPEAL NO.791 OF 2005 IN IN IN CHAMBER SUMMONS NO.1727 OF 2004 CHAMBER SUMMONS NO.1727 OF 2004 CHAMBER SUMMONS NO.1727 OF 2004 IN IN IN EXECUTION APPLICATION NO.405 OF 2004 EXECUTION APPLICATION NO.405 OF 2004 EXECUTION APPLICATION NO.405 OF 2004 IN IN IN ARBITRATION CSE NO.ARB/SCB/226 OF 2004 ARBITRATION CSE NO.ARB/SCB/226 OF 2004 ARBITRATION CSE NO.ARB/SCB/226 OF 2004 The Saraswat Co-Operative Bank Ltd. .. Appellant Vs. M/s.Jayant Industrial Packaging Ltd. & Ors. .. Respondents Mr.Y.R.Naik, Senior Advocate i/b. Prashant Naik for the Appellant. Mr.J.P.Shah i/b. A.S.Khan & Associates for the Respondents. ----- CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. DATE : 26TH JULY,2006. DATE : 26TH JULY,2006. DATE : 26TH JULY,2006. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. The learned Counsel for the parties categorically state that during the pendency of the Appeal, a final Award has already been passed and the same is also under challenge before the Learned Single Judge in a separate petition. In view thereof, the Appeal has become infructuous. The learned Counsel for the Appellant, therefore, seeks leave to withdraw the above Appeal. Hence, the Appeal is allowed to be withdrawn and dismissed as such. However, the issue whether Arbitrator can pass an order of attachment before judgment is kept open. (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.)