- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ARBITRATION ARBITRATION ARBITRATION PETITION NO.121 OF 2008 PETITION NO.121 OF 2008 PETITION NO.121 OF 2008. Mandar s/o. Avinash Muranjan & Anr. ..Petitioners. vs. Sudhakar Pandey. ..Respondent. .... Mr. S.C. Chaurasia, i/b. A.M. Sarogi, for the Petitioiners. None for the Respondent. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 9TH JANUARY 2009 : 9TH JANUARY 2009 : 9TH JANUARY 2009. P.C.: P.C.: P.C.: . This petition is filed by the petitioners under section 9 of the Arbitration and Conciliation Act, 1996 seeking an order and injunction against the respondent from creating third party rights in respect of the premises being flat no.3, situated at ground floor, building no.5A, Sagal Complex, Jaiswal Park, Bhayander (East), District Thane and the motor vehicle being Scorpio bearing registration no.MH04-BL1486 in any manner whatsoever and for appointment of Court Receiver in respect of the said flat and the vehicle. 2. It is the petitioner’s case that an award has been passed by an Arbitrator on 28th September 2007 after hearing both the parties and the respondent was directed to pay Rs.15,00,000/- with interest @ 18 % per annum - 2 - from the date of obtaining the amount till 31st October 2007. It is the petitioner’s case that after the said award was passed, the petitioners had filed this petition under section 9 of the Arbitration and Conciliation Act, 1996. Thereafter, the petitioners have filed execution proceedings before the Civil Court, Thane. 3. It is provided under section 9 that a party can invoke the provisions of that section before the arbitral award is enforced in accordance with section 36. Section 36 of the Arbitration and Conciliation Act, 1996 reads as under :- "36. 36. 36. Enforcement :- Enforcement :- Enforcement :- Where the time for making an application to set aside the arbitral award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 ( 5 of 1908) in the same manner as if it were a decree of the Court." 4. Since the petitioners have already taken steps to enforce the award by way of execution, this petition under section 9 of the Act has become infructuous and therefore, not maintainable. 5. The petition is, therefore, dismissed with no order as to costs. - 3 - [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]