: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 497 OF 2010 L & T Finance Ltd. .. Petitioners v/s. Hanumant Raghunath Shirke & Anr. .. Respondents ........ Ms. S.I. Joshi i/by S.I. Joshi and Co. for petitioners. None for respondents. ........ CORAM : R.Y.GANOO, J. Dated : 18th March, 2010. P.C. : 1. Affidavit of service is filed. None for the defendant, though served. Heard learned advocate for the petitioner. The petitioners claim that they have advanced loan to the respondent no.1 to purchase one Tractor as described in prayer clause (a). According to the petitioner, respondent no. 1 is a principal debtor and respondent no.2 is a guarantor have not paid the outstanding amount hence, this petition for interim reliefs. : 2 : 2. The Court was informed that arbitrator is appointed and arbitration proceedings are in progress. Learned advocate for the petitioner prayed for reliefs as sought in the arbitration petition. 3. The petitioners claim that they have not paid the dues. Now that the arbitration is in progress, I am of the view that as of today only relief which can be granted in favour of the petitioner is injunction in terms of prayer clause (f). 4. Learned advocate for the petitioners pressed for relief in terms of prayer clause (a) namely, appointment of Receiver and other reliefs. In the midst of argument, learned advocate for the petitioners submitted that the petitioners had a right to deal with the Tractor in terms of the hypothication agreement. If that be so, if the petitioners are interested in pressing the relevant clauses of the hypothication agreement to take possession and if such clauses do permit the petitioners to take possession, they are at liberty to act in terms of hypothication agreement. This court has not expressed any opinion whether petitioner can take possession of the said Tractor, in terms of hypothication agreement. Hence, I pass the following order. : 3 : ORDER (i) Petition is disposed of i.e. to say relief is granted to the petitioners in terms of prayer clause (f). (ii) Rest of the reliefs are declined as of today. There shall be no order as to costs. [R.Y.GANOO, J.]