Ndm 1 arbpl.37.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 37 OF 2009 Mahindra and Mahindra Financial Services Limited. ... PETITIONER Vs. Vasant Sidharam Choughule and anr. ... RESPONDENTS ------ Ms. Raji Radhakrishnan i/b India Law Alliance for the Petitioner. ------ CORAM : ANOOP V. MOHTA, J. DATE : 21st August, 2009. P.C. 1 This petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short the Act), as Respondent defaulted in making payment as per the agreement. By order dated 05 th May, 2009, in view of the averments made, this Court has granted ad-interim relief in terms of prayer clause (e) except the bracketed portion. 2 The Court notice as well as private notice were sent by the petitioner, though served, the respondents not appearing before the Court. Earlier also the private notices upon the respondents were served. 3 Section 3 of the Arbitration and Conciliation Act provides that the notice should be sent to the parties on an address available / last known Ndm 2 arbpl.37.09.sxw residential or business address / mailing address. The notices were sent on those addresses. Therefore, at this stage under Section 9 of the Arbitration and Conciliation Act and in view of the fact that the averments so made by the petitioner remain uncontroverted, therefore, I am inclined to grant this petition in terms of prayer clause (e) and brackets are also removed accordingly. However, liberty is granted to the respondents to settle the matter and furnish the security. I do not deny the rights of the respondents to raise appropriate defence before the Arbitral Tribunal, if constituted. 4 The petition is accordingly allowed in terms of prayer clause (e) with liberty. No costs. [ ANOOP V. MOHTA, J ]