1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Civil Application No. 6689 of 2008 in Arbitration Appeal No.5/2008 (Mr. Nirmal s/o K. Surekha .vs. Alankar Real Estate (Pvt.) Ltd. And ors.) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. M. K. Kulkarni, Advocate for Appellant. Mr. S.P. Dharmadhikari, Sr. Advocate for Respondents No.1 & 2. .......... CORAM : K.J. ROHEE &, PRASANNA. B. VARALE, JJ. DATED : OCTOBER 10, 2008 1. Heard counsel for the parties. 2. The present appeal arose out of the judgment of the District Judge confirming the Arbitral Award dated 17.10.2005. The appellant has also moved an application for stay of the impugned Judgment and Award. 3. It was contended by the learned counsel for the appellant that during pendency of the proceedings before the sole Arbitrator, the appellant filed a statement of challenge on 10.1.2003 in respect of the sole Arbitrator on the ground that the sole Arbitrator has professional and personal relations with the claimants (respondents no.1 and 2 herein) as well as with the lawyer of the claimants. The Arbitrator dismissed the statement of challenge by order dated 30.4.2005. Thereafter those proceedings proceeded 2 with the appellant filing written statement on 23.7.2005. 4. Without entering into the aforesaid controversy, since it is purely a money claim, the execution of the impugned order and award is stayed on the appellant's depositing the principal amount of Rs.18,27,283/- minus the amount of Rs.5,00,000/- already deposited plus Rs.21,902/- and furnishing Bank Guarantee for the remaining amount as per clauses (A) and (B) of the Arbitral Award dated 17.10.2005 within 12 weeks. JUDGE JUDGE halwai