1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 312 OF 2009 Mahindra & Mahindra Financial Services Ltd. A Company incorporated under the companies Act 1956 and having its registered office at: Gateway Building, Apollo Bunder, Mumbai 400 001 and having its corporate office at Sadhana House, 2nd Floor, 570, P.B. Marg, Worli, Mumbai- 400 018. ...Petitioner. Vs. Rajesh Bhikaji Mokal Hotel Sai Ashirwad, Wadhkal, Tal. Pen, Raigad ...Respondent. Ms. Priya Crasto for the Petitioner. None for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 9th SEPTEMBER, 2009. ORAL JUDGMENT- 1 None appeared for the Respondent, though served. The Petitioner is non-granting financial company. The Respondent has defaulted, as many as, 35 installments and the amount is near about Rs.7 lacs and odd. The contract is already matured. The Respondent is avoiding even the service. 2 2 This Court has already admitted the matter on 12th June, 2009. The Interim order granted on 24th April, 2009 has remained unexecuted and therefore, on 12th August, 2009, the Court has permitted the Petitioner to take police help/ assistance. 3 Considering the averments made and as the same remained uncontroverted, I am inclined to grant relief in terms of prayer clause (c) in full, by modifying the earlier order BY deleting the bracket. 4 Having once granted prayer clause (c), in my view, there is nothing survive in this petition, at this stage. However, liberty is granted to the Respondent to settle and or furnish the security to the extent of amount involved in the Petition, subject to satisfaction of the Petitioner. 5 The liberty is also granted to the Respondent to raise appropriate pleas or defences before the Arbitral Tribunal, if any. 6 The Petition is, therefore, allowed in terms of prayer clause (c) in full with liberty. No order as to costs. (ANOOP V. MOHTA, J.)