1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.835 of 2006 In Execution Application No.303 of 2006 In Arbitration Award dated 20.3.2003 Union of India. .. .. Applicants v/s. Bhavna Engineering Co. & Ors. .. Respondents Mr.T.HJ . Pandian for Applicants. Mr.U.S . Samudrade for Res.No.1/Claimant Mr.S. Kumar for Dy. Chief Engineer, Gwalior/Res.Nos.2 to 5 ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 21 st July, 2008 P.C. : 1. The Union of India has applied for lifting the attachment levied on the movable and immovable properties of the Central Railway at their premises on the 6th/7 th floor of N.A. Building, D.N. Road, Mumbai- 400001 and their Bank Account with Reserve Bank of India to the extent of Rs.39,76,094 /- under the warrant of attachment dated 29.6.2006 and 7.7.2006. The Arbitration Award has been passed since 2003. The Applicant- Union of India has challenged the Award. The challenge was made earlier in this Court and thereafter in other Courts in various other jurisdictions. It has later been seen that all the applications 2 made by the Union of India came to be made in Courts without jurisdiction. In the meantime, the attachment of the movable and immovable properties as well as the Bank Account came to be made in execution of the Award dated 20 th March 2003. 2. The Union of India has challenged the Award ultimately in this Court. No proceedings for stay of the execution have been taken out in the proceedings challenging that Award. The application for staying the Award, which has been passed 5 years ago, is made in this application in execution without making out a case on merits and simplicitor on the ground that the Award is challenged. Since there are no proceedings taken out in the Court or no stay obtained from the Court having jurisdiction to consider the Award, it cannot be challenged in execution in the Civil Court. 3. The Chamber Summons is dismissed. Execution shall proceed. [SMT.ROSHAN DALVI, J.]