1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 25 OF 2008 Pramod Ramkishore Gupta & Anr. vs. Kotak Mahindra Primus Ltd. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 01, 2008. Heard Shri Abhyankar, Advocate for the appellant and Shri Gosavi, Advocate for the respondent. With the consent of the parties, the matter is being disposed of finally at the stage of admission itself. Because of cooperation of the parties only, an order was passed on 12.3.2008 and accordingly the affidavit has been filed on record by the appellants. The affidavit filed vide Stamp No. 3201 of 2008 on 18.3.2008 mentions that he is giving property described in para 1 thereof as security for due performance and discharge of his obligation. Shri Abhyankar, Advocate has pointed out that the amount of Rs.2,46,242.49 ps. mentioned by the Principal District Judge, Nagpur, in the order 2 dated 23.08.2007 is not correct figure. Shri Gosavi, Advocate states that affidavit now filed is proper, the amount mentioned by the Principal District Judge, Nagpur, is only provisional and the property is being accepted as security towards the same amount. The impugned order is passed under Section 9 of the Arbitration Act and as such it is only an interlocutory order, as such the amount mentioned is provisional and subject to final adjudication before the Arbitrator. In the circumstances, the appellants/ original non-applicants No. 1 & 2 to furnish the undertaking in terms of affidavit in relation to property mentioned in the said affidavit Stamp No.3201 of 2008, offering it as security till final adjudication of dispute between the parties. The said undertaking be filed on affidavit with the respondent in this matter, within a period of two weeks from today. If the undertaking is so filed, the direction to deposit the amount within 45 days or to give bank guarantee for said amount shall stand deleted. In that event, the said property described in the affidavit shall form a security for the purposes of adjudication of dispute in terms of order of Principal 3 District Judge, Nagpur. The impugned order is modified to that extent only. First Appeal is partly allowed. No order as to costs. JUDGE *GS.