- 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 jmi CHAMBER SUMMONS NO.1750 OF 2008 IN ARBITRATION PETITION NO.482 OF 2008. The Sangam Co-operative Housing Soc.Ltd. ..Petitioners. vs. M/s.Manorama Builders & Developers. ..Respondents. And Swanand Developers. ..Applicant. .... Mr.S.A.Sawant, i/b. J.B.Chandnani,for the Petitioners. Mr. N.G. Raut, for the Applicant. Ms.M.S.Bane, for the Respondents. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 6TH FEBRUARY,2009 : 6TH FEBRUARY,2009 : 6TH FEBRUARY,2009. P.C.: P.C.: P.C.: . The affidavit of service dated 6th February 2009 filed by the petitioner is taken on record. 2. This chamber summons is filed by the applicant-auction purchaser for refund of a sum of Rs.48,25,000/- which was deposited by him with the Office of Sheriff of Mumbai. The said auction did not take place, since the petitioners-Society in arbitration petition no.482 of 2008 sought stay of the execution of the award pursuant to which the building was to be auctioned. 3. The petitioners as well as the respondents have no - 2 - objection if the chamber summons is made absolute in terms of prayer clause (b) and the applicant is allowed to receive the said refund from the Office of Sheriff of Mumbai. 4. In view thereof, the chamber summons is made absolute in terms of prayer clause (b). Chamber summons stands disposed of with no order as to costs. 5. The Office of the Sheriff of Mumbai to act upon an authenticated copy of the minutes of the order. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]