1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1108 OF 2009 L & T Finance Ltd. ... Petitioners. V/s. Mohan P. Bhole and Ors. ... Respondents. Ms. Disha Karambar for the Petitioners. None for the Respondents. CORAM : R.Y. GANOO, J. DATED : 20th APRIL 2010. P.C. :- The Petition can be disposed of at this stage. The Petitioners granted loan to Respondent No.1, who is the borrower, Respondent No.2 is the co-borrower and Respondent No.3 is the guarantor. 2. The loan is granted in regard to an equipment described in Exhibit ‘F’ to the plaint. The Petitioners knew the location of the said vehicle in March 2010. Despite this, no positive steps have been taken to take possession of the said 2 equipment. In view of this, it would be proper to issue an order of injunction restraining Respondent No.1 from creating third party rights or part with possession. If loan cum hypothecation agreement permits, the Petitioners to take possession, they are free to do so and if Police assistance is required, they will seek police assistance after payment of necessary charges. The concerned police officer will assist the Petitioners in taking charge of an equipment. Hence, following order is passed to dispose of the Petition :- (i) Till the disposal of the Arbitration Proceedings, Respondent No.1 is restrained from creating third party rights or part with possession in regard to the equipment described in Exhibit ‘F’. (ii) If the loan cum hypothecation agreement permits, the Petitioners to take possession of the said equipment, the Petitioners are free to do so of course by taking necessary police help. Such a help shall be provided if Government charges are paid to the concerned Police Station. 3 (iii) All concerned parties to act on authenticated copy of this order, duly authenticated by the Associate of this Court. (iv) The Petition stands disposed of with no order as to costs. (R.Y. GANOO, J.)