1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 604 OF 2009 Citicorp Finance (India) Ltd. a company incorporated under the provisions of the Companies Act, 1956, having its registered office at: Citigroup Centre, Floor V, C-61, Bandra Kurla Complex, G-Block, Bandra (East), Mumbai-400 051. ...Petitioner. Vs. 1 Siraj A. Ahmed Indian Inhabitant residing at Room No. 68, ¾, Sangam Nagar Ghorakpur Chawl, Post Box No.4, Antop Hill, Wadala, Bombay-400 037. 2 Ramnarayan Upadyay, Indian Inhabitant residing at No. 269/8, Nandanyan, Opp. Sion Hospital, Nurses Quarters, Bombay-400 022. ...Respondents. Mr. Chinmay Gupte i/by M/s. Mohit Gadkari & Co. for the Petitioner. None for the Respondents. Arbp 614.09 2 CORAM :- ANOOP V. MOHTA, J. DATED :- 5th December, 2009. ORAL JUDGMENT:- 1 The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act). There is an arbitration clause, providing jurisdiction of this Court in Mumbai. 2 The averments so made with regard to the default in making payment, remained uncontroverted till this date. On 09/09/2009, this Court has already granted ad-interim relief in terms of prayer clause (b). No one is appeared in spite of service after admission of the matter. Affidavit of service dated 16th November, 2009 is filed on the record. 3 The learned counsel appearing for the Petitioner makes statement that the award is also passed against the Respondent for the said amount. 4 Considering this and as all the elements are available as contemplated under Order 40, Rule 1 and 2 read with Order 40 of the Code of Civil Procedure (for short, CPC), now, I am inclined to grant prayer clause (a) also. 5 Resultantly, the Petition is allowed in terms of prayer clauses (a) and (b), with no order as to costs. (ANOOP V. MOHTA, J.) Arbp 614.09