IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.44 OF 2009 Kotak Mahindra Prime Ltd. ..... Petitioners V/s. Lalit C. Rawal .... Respondent Mr.Chinmay Gupte i/by Mohit Gadkari & Co., for the petitioner. CORAM: R.Y.GANOO, J. DATED: 10th FEBRUARY, 2009. P.C. 1. Affidavit of service is filed. The respondent has refused to accept the same. The petitioner advanced loan to the respondent for purchase of the suit car. According to the petitioner, the respondent has committed defaults in the matter of repayment of the loan amount and as such, the petitioner wants to raise the dispute before the Arbitrator. I have heard the learned counsel for the petitioner. He prays for appointment of a receiver. 2. After having considered the relevant facts and the fact that the property in respect of which receiver is sought to be appointed is a car and as of today, the petitioner is unable to inform the Court as to where the car is located. I am of the view that in so far as present position is concerned, it would be proper to pass an order of injunction in terms of prayer clause (b). Liberty can be given to the petitioner to apply for receiver before this Court or before the learned Arbitrator, as and when the vehicle is traced. Hence, I pass the following order. : O R D E R : 1. There shall be an order of injunction in terms of prayer clause (b). 2. Liberty to the petitioner to apply for relief in terms of prayer clause (a), before the learned Arbitrator or before this Court after the vehicle is traced. 3. There shall be no order as to costs. 4. The petitioner shall serve certified copy of the order of injunction upon the concerned Road Transport Officer, who shall make a note of said order of injunction. ( R.Y.GANOO, J. )