1 arbp353-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.353 OF 2011 M/s.Kotak Mahindra Prime Limited ....Petitioner V/s. Yadgiri S. Masa & Ors. ...Respondents Mr.Vishal Kanade with Mr.Nikhil Rajani i/b V. Deshpande for the Petitioner. Mr.S.B. Kalel for Respondent No.3. CORAM : S.J. VAZIFDAR, J. DATE : 20TH SEPTEMBER, 2011. P.C. :- 1. This is a petition under section 9 of the Arbitration and Conciliation Act, 1996. 2. An award has already been passed. Respondent Nos.1 and 2 are the principal debtors. Respondent No.3 is a guarantor. The amount due including interest is about Rs.10.00 lacs. 3. In the circumstances, the petition is made absolute in terms of prayer (c). Any application for further reliefs shall be sought in execution proceedings. This order shall stand vacated, in the event of execution proceedings not being filed against all the respondents on or before 31.10.2011. However, in the event of the petitioner filing a 2 arbp353-11 petition under section 34 of the said Act to challenge the award, this order shall continue till the disposal of the said petition and for a period of eight weeks thereafter. Respondent No.3 is at liberty to apply to the executing Court for execution of the award against respondent Nos.1 and 2 before executing the same against respondent No.3. No order as to costs.