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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION ARBITRATION ARBITRATION ARBITRATION PETITION PETITION PETITION NO.(L) No.237 OF 2007 NO.(L) No.237 OF 2007 NO.(L) No.237 OF 2007 Hemant Hemant Hemant D.Shah & ors D.Shah & ors D.Shah & ors ...... Plaintiff Plaintiff Plaintiffs vs vs vs Chittaranjan Chittaranjan Chittaranjan D.Shah D.Shah D.Shah & ors .. Defendants & ors .. Defendants & ors .. Defendants Mr.Pradip Mr.Pradip Mr.Pradip Sancheti, Sancheti, Sancheti, Mr.Riyaz Chagla i.b Mr.Riyaz Chagla i.b Mr.Riyaz Chagla i.b Khaitan Khaitan Khaitan & & & Co for Plaintiff Co for Plaintiff Co for Plaintiff Mr.Chirag Mr.Chirag Mr.Chirag Balsara i/b Mr.Denzil D’Mello for Balsara i/b Mr.Denzil D’Mello for Balsara i/b Mr.Denzil D’Mello for Defendants Defendants Defendants CORAM CORAM CORAM : ANOOP V.MOHTA, J : ANOOP V.MOHTA, J : ANOOP V.MOHTA, J DATE DATE DATE : : : 3rd May, 2007 3rd May, 2007 3rd May, 2007 P.C. P.C. P.C. 1.1.1. Based on interim award passed by the Arbitral Based on interim award passed by the Arbitral Based on interim award passed by the Arbitral Tribunal Tribunal Tribunal in favour of the petitioner directing the in favour of the petitioner directing the in favour of the petitioner directing the respondents respondents respondents to to to deposit Rs.5 crores, the petitioners deposit Rs.5 crores, the petitioners deposit Rs.5 crores, the petitioners have have have moved this application under section 9 of the moved this application under section 9 of the moved this application under section 9 of the Arbitration Arbitration Arbitration and Conciliation Act (for short and Conciliation Act (for short and Conciliation Act (for short Arbitration Arbitration Arbitration Act) and seeks to restrain the Act) and seeks to restrain the Act) and seeks to restrain the respondents, respondents, respondents, their servants, agents from in any their servants, agents from in any their servants, agents from in any manner manner manner withdrawing, transferring,adjusting sum of withdrawing, transferring,adjusting sum of withdrawing, transferring,adjusting sum of Rs.30,00,000/- Rs.30,00,000/- Rs.30,00,000/- received pursuant to the consent received pursuant to the consent received pursuant to the consent terms terms terms dated 13th April, 2007 read with order dated dated 13th April, 2007 read with order dated dated 13th April, 2007 read with order dated 17th 17th 17th April, 2007 passed in Arbitration Petition April, 2007 passed in Arbitration Petition April, 2007 passed in Arbitration Petition No.33 No.33 No.33 of 2007. By an order dated 30th April, 2007 of 2007. By an order dated 30th April, 2007 of 2007. By an order dated 30th April, 2007 counsel counsel counsel appearing for the respondents makes a appearing for the respondents makes a appearing for the respondents makes a statement statement statement that the amount have been already that the amount have been already that the amount have been already disbursed disbursed disbursed as per clause (2). as per clause (2). as per clause (2). 2 2.2.2. By an affidavit in reply dated 3rd May, 2007 By an affidavit in reply dated 3rd May, 2007 By an affidavit in reply dated 3rd May, 2007 the the the respondents has submitted the details of the respondents has submitted the details of the respondents has submitted the details of the bank bank bank accounts showing how the amount have been accounts showing how the amount have been accounts showing how the amount have been disbursed. disbursed. disbursed. Exhibit 2 and 3 are further minute Exhibit 2 and 3 are further minute Exhibit 2 and 3 are further minute details details details to whom the respondents have made various to whom the respondents have made various to whom the respondents have made various payments payments payments by pay orders or demand drafts on 27th by pay orders or demand drafts on 27th by pay orders or demand drafts on 27th April, April, April, 2007. 2007. 2007. 3.3.3. Learned counsel for the petitioners however, Learned counsel for the petitioners however, Learned counsel for the petitioners however, disputes disputes disputes the said details. Considering the the said details. Considering the the said details. Considering the affidavit affidavit affidavit filed on record and basically in view of filed on record and basically in view of filed on record and basically in view of Exhibit Exhibit Exhibit 1 which supports the statement made by the 1 which supports the statement made by the 1 which supports the statement made by the learned learned learned counsel counsel counsel appearing for the respondents, I am appearing for the respondents, I am appearing for the respondents, I am not not not inclined to pass any orders in the present inclined to pass any orders in the present inclined to pass any orders in the present petition. petition. petition. However, keeping all points open the However, keeping all points open the However, keeping all points open the present present present petition is accordingly dismissed as it is petition is accordingly dismissed as it is petition is accordingly dismissed as it is rendered rendered rendered infructuous in view of the facts stated infructuous in view of the facts stated infructuous in view of the facts stated above. above. above. (Anoop (Anoop (Anoop V.Mohta, J) V.Mohta, J) V.Mohta, J)