[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.389 OF 2008 IN APPEAL NO.454 OF 2002 IN ARBITRATION PETITION NO.304 OF 1998 IN AWARD NO.150 OF 1996 Municipal Corporation of Greater Mumbai & Anr. .... Appellants Vs. M/s. Mohinder Singh & Co. & Anr. .... Respondents Sarvasri Ramesh Dhanuka a/w K.N. Gaikwad for the Appellants. Sri Siodia i/b M/s. Rustamji & Ginwala for the Respondents. CORAM: CORAM: CORAM: SRI R.M.S. KHANDEPARKAR & SRI P.B. MAJMUDAR, JJ. DATED: DATED: DATED: JULY 04, 2008 P.C: P.C: P.C: Heard. Undisputedly, amount of Rupees Fifty Lakhs was deposited at the time of admission of the Arbitration Petition No.304 of 1998. In the appeal arising out of the said petition, the entire award has been set aside and the matter has been remanded for reconsideration by appointing a new arbitrator. In the circumstances, there is no subsisting order in favour of the respondents for any amount against the appellants. Being so, question of retaining the amount deposited by the appellants in this Court does not arise. The [2] Registry is directed to refund the said amount of Rupees Fifty Lakhs to the appellants with interest, if any, accrued thereon. The notice of motion stands disposed of accordingly. (P.B.Majmudar, J.) (R.M.S.Khandeparkar, J.) sjs/J8nm389.8 sjs/J8nm389.8 sjs/J8nm389.8