1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO.800 OF 2009 Kotak Mahindra Prime Ltd. a Company incorporated under the Companies Act, 1956, and having its registered office at 36 – 38A, Nariman Bhavan, 227, Nariman Point, Mumbai – 400 021. ...Petitioner. Vs. Prashant S. Karkhanis ...Respondent. Mr. Prasad Das with Mr. Sangmeshwar Delmade i/by M/s. Goenka Law Associates for the Petitioner. None for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 1st OCTOBER, 2009. ORAL JUDGMENT- 1 The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the Respondent committed default in making the due payment towards the personal loan as per the agreement. None appeared for the Respondent. Affidavit of service is part 2 of the record. 2 The averments made in the Petition, therefore, remained uncontroverted. It also covers the apprehension so raised. In view of this, the Petitioner has made out a prima facie case of interim injunction/ relief, pending the Arbitral Proceedings. 3 By order dated 21st August, 2009, in view of the above, this Court already granted prayer clause (d) for item No.1 only. As there is no denial, I am inclined to confirm the same. 4 The liberty is granted to the Respondent to settle the matter and or furnish appropriate security to the satisfaction of the Petitioner. The liberty is also granted to the Respondent to raise appropriate pleas or defences before the Arbitral Tribunal, if so constituted. 5 The Petition is accordingly, allowed in terms of prayer clause (d) for item No.1 only, with liberty. No order as to costs. (ANOOP V. MOHTA, J.)