1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.696 OF 2009 Citicorp Finance (India Ltd.) ...Petitioner. Vs. Mrs.Balwinderkaur w/o. Gurmeetsingh Hanspal (Borrower) & Anr. ...Respondents. Ms.S.I.Joshi i/b. S.I.Joshi & Co. for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 7th SEPTEMBER, 2009. P.C.- The petitioner has invoking section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) as Respondents committed default in making due payments. None appeared for the Respondents. The Respondents are refusing the service, private as well as Court notice also. 2. The matter is pending before Arbitrator Tribunal. Considering the averments made and there is no denial. The court has mentioned and as the apprehension so raised also remained un-controverted, this court has 2 already granted prayer clause ‘d’ with liberty to the Respondents to settle the matter also, but in vain. 3. In view of the above circumstances and considering the averments as well as the conduct of the Respondents, I am inclined to grant prayer clause ‘a-i’ except bracketed portion. The prayer clause ‘b’ is confirmed. However, liberty is granted to the Respondents to settle the matter and furnish the appropriate solvent sureties to the satisfaction of the petitioner. 4. The liberty is also granted to the petitioner to take police protection, if necessary. The petition is, accordingly, allowed in terms of prayer clauses ‘a-i’ and ‘d’ with liberty. No cost. (ANOOP V. MOHTA, J.)