- 1 - 903.arbp.493 2011 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.493 OF 2011 Ambridge, INC ..Petitioner -Versus- Baun Foundation Trust & Ors. ..Respondents .......... Mr.S.U.Kamdar, Senior Counsel a/w. Ms.Pooja Patil, Ms.Nidhi Singh i/b. India Law Alliance for the Petitioner. Mr.Ravi Gandhi i/b M/s.Kanga & Co. for Respondent Nos.1 to 3. Mr.Fredun De’Vitre, Senior Counsel a/w. Mr.H.N.Thakore i/b Thakore Jariwalla & Associates for Respondent No.5. .......... CORAM : S.J. VAZIFDAR, J. DATE : 2ND AUGUST 2011. P.C. 1 In view of the statements made in paragraphs 17 and 21 of the affidavit-in-reply dated 13th June 2011 filed on behalf of respondent no.5, there is no warrant for granting any injunction restraining respondent no.5 from surrendering its rights under the lease deed dated 19th January 2009. 2 The learned counsel appearing on behalf of respondent no.5 has in effect stated that it will be fulfilling the obligations under the deed of lease - 2 - 903.arbp.493 2011 and that there is no delay or any inaction on its part in the implementation of the lease deed. In view thereof, there is no apprehension as on date to the effect that respondent no.5 will surrender or in any manner prejudice its rights under the lease deed dated 19th January 2009, 3 Mr.De’Vitre further states that there are no disputes between respondent no.1 and respondent no.5 as regards the lease deed dated 19th January 2009. 4 In view of the above statements, the petition is dismissed. 5 In view of the above, I am not inclined to consider the preliminary objections including the objection regarding the maintainability of this petition raised by the respondents. -