1 CHS72.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 72 OF 2009 IN EXECUTION APPLICATION NO. 303 OF 2006 IN AWARD DATED 20/03/2003 Union of India through Chief Engineer (Construction) C.R., Mumbai. ... Applicants. V/s. Bhavana Engineering Co. ... Defendants. Mr. Udaya Sankar Samudrala for the Claimants. Mr. T.J. Pandian for the Applicant. Ms. Nilam Jadhav h/f. Suresh Kumar for Dy. Chief Engineer. CORAM : R.Y. GANOO, J. DATED : 14th FEBRUARY 2011. P.C. :- It is common ground that application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) so as to challenge award dated 20th March 2003 is pending in this Court and decision on the said application is awaited. This will mean that as of today, the Award cannot be executed. If that is so, there is no need to keep this Execution Application pending. After the application under Section 34 is disposed of, depending upon the final order passed in that application, succeeding party can always 2 CHS72.09.sxw apply for execution. This Execution Application need not be kept pending. In view of this, Execution Application No. 303 of 2006 stands disposed of with no order. Warrant of attachment levied pursuant to Execution Application is raised. 2. Chamber Summons No. 72 of 2009 is allowed to be withdrawn as warrant of attachment is raised. If the Claimants succeed in Execution Application under Section 34, they would be able to file fresh Execution Application. Orders passed today shall not come in the way of successful party to execute the decree. If any charges are payable to the Sheriff, the Claimants to pay the same. (R.Y. GANOO, J.)