1 arbp899-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.899 OF 2011 M/s.Tata Capital Limited ....Petitioner V/s. M/s.Ronit Nirman Pvt. Ltd. & Anr. ...Respondents Mr.Chetan Kapadia with Mr.Rahul Totale and Mr.Prashant Phophale i/b India Law for the Petitioner. None for the Respondents. Mr.S.A. Vichare, Representative of the Court Receiver present. CORAM : S.J. VAZIFDAR, J. DATE : 22ND NOVEMBER, 2011. P.C. :- 1. This is a petition under section 9 of the Arbitration and Conciliation Act, 1996. 2. The respondents are absent, though served. The respondents are in any event aware of the above proceedings as is clear from the Court Receiver’s report. The respondent were absent even on 14.10.2011 when the order was passed. By the said order, the Court Receiver was appointed. The Court Receiver has filed a report which indicates that the respondents have, to say the least, made it difficult for the Court Receiver to implement the ad-interim order dated 2 arbp899-11 14.10.2011. In fact the report indicates that they have refused to permit the Court Receiver to implement the order. 3. An amount of over Rs.39.00 lacs is due and payable by the respondents to the petitioner. The respondents have remained absent throughout. They have even prevented the Court Receiver from implementing the ad-interim order. Yesterday i.e. 21.11.2011 an application was made by Ms.Ashwini Kuthe to keep the matter today on the ground that her senior was unwell. Even today, nobody has appeared. Further a Vakalatnama has also not been filed by the advocate or any other advocate. 4. In the circumstances, the petition is made absolute in terms of prayer (a). It is clarified that the bracketed portion shall also form part of this order. Prayer (a) reads as under :- “that pending the hearing and final disposal of the arbitration proceedings and till the Award which may be passed is enforced in accordance with Section 36 of the Arbitration and Conciliation Act 1996, this Hon’ble Court be pleased to appoint Court Receiver. High Court, Bombay or any other fit and proper person as Receiver under Order XL Rule 1 of Code of Civil Procedure 1908 (As amended) in respect of the said Asset more particularly described in (Exhibit “A” hereto) to the Petition, with all power and also a specific direction to the Court Receiver to take forcible physical possession of the said Asset with police assistance, if any and to sell the said Asset by private treaty and 3 arbp899-11 appropriate the sale proceeds towards the outstanding loan of the Respondents as per terms of the said Agreement. “ 5. Till the Court Receiver takes possession, order in terms of prayer (b). The respondents are put to notice that if they continue to prevent the Court Receiver from implementing the orders of this Court, it may be necessary to issue a show cause notice calling upon them to show cause was action for contempt of court should not be taken. All parties including the Court Receiver to act on an ordinary copy of this order duly authenticated by the Private Secretary / Associate of this Court.