-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION (1) Contempt Petition No. 36 of 2008 with Contempt Petition No.39 of 2007 in Appeal (Ld) No.260 of 2008 in Arbitration Petition No. 207 of 2008 Wingspan Air Services Pvt. Ltd. ..Petitioners vs. CJSC Aeroplot Cargo and ors. ..Respondents Mr.Janak Dwarkadas, Sr.Counsel with Ms.Sonu Tandoni i/b Mr.Mustafa Motiwala for petitioners. Mr.Cyrus Ardheshir with Mr.Rahul Dwarkadas with Ms.Brigitta John i/b M/s Wadia Gandhy and Co. for respondents. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. 7th May, 2009 7th May, 2009 7th May, 2009 P.C. P.C. P.C. 1. Learned Advocate appearing for the petitioners seeks to withdraw Arbitration Petition No.207 of 2008 and Contempt Petition Nos. 36 and 39 of 2008 with liberty to take out appropriate proceedings before Arbitrator under section17 of the Arbitration and Conciliation Act, 1996. In the contempt petitions notices are not ordered to be issued till date. 2. In view thereof, the arbitration petition as well as -2- the contempt petitions are dismissed as withdrawn with liberty as sought. However, it is made clear that the amount of Rs.50,00,000/- and Rs.78,00,000/- and Rs.3 crores deposited in the Bank accounts as set out in sub-clauses (iii) and (iv) of the order passed by the Division Bench of this Court dated 13th May, 2008 in Appeal (Ld) No.260 of 2008 in Arbitration Petition No.207 of 2008 shall not be dealt with by the parties to the said appeal for a period of six weeks from today. (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)