1 CHS1073.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1073 OF 2009 IN EXECUTION APPLICATION (L)NO. 210 OF 2009 IN ARBITRATION CASE NO. ARB/SJ/025 OF 2005 GE Money Finance Service Ltd. ... Judgment Creditor. V/s. James Harry Thomtson & Anr. ... Judgment Debtors. Ms. Ratna Jaiswal for the Judgment Creditor. Mr. Dushyant Purekar for the Judgment Debtors. CORAM : R.Y. GANOO, J. DATED : 14th FEBRUARY 2011. P.C. :- Not on Board. Taken on Board. Heard by consent. In the arbitration proceedings, award came to be passed on 30th August 2006. It was sought to be executed in Delhi Court and said Execution Application was transferred to Bombay Court in October 2008. While those Execution Applications were pending, the present Judgment Debtor, who has taken out this Chamber Summons, moved the learned Arbitrator for certain prayers. The learned Arbitrator, by his reasoned order dated 18th May 2009 amended and rectified the award and it is common ground that after the said order of 18th May 2009, no further proceedings are initiated in so far as that amended award. 2 CHS1073.09.sxw 2. Learned Counsel for the Judgment Creditor formally informed the Court that the Execution Application (Lodg.) No. 210 of 2009 came to be filed so as to execute the Award dated 18th May 2009, Award dated 30th August 2006 cannot be executed and therefore, the Execution Application (Lodg.) No. 210 of 2009 is required to be dismissed. 3. Learned Counsel for the Judgment Creditor submitted that the whole exercise of amending award came to be done because the Judgment Debtor was negligent in attending the matter. Be that as may if, Award dated 30th August 2006 amended by Award dated 18th May 2009, said Award dated 30th August 2006 cannot be executed. Consequently, Execution Application No. 201 of 2009 cannot go ahead and is accordingly, disposed of as it has become infructuous on account of amended Award dated 18th May 2009. 4. Hence, following order is passed :- (i) Execution Application No. 201 of 2009 has become infructuous on account of amended Award dated 18th May 2009. (ii) There shall be no order as to costs. (R.Y. GANOO, J.)