( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.637 OF 2009 IN ARBITRATION PETITION NO.16 OF 2009 Mahindra & Mahindra Financial Services Ltd.. Petitioner V/s Duryodhan Sopan Kamble & Anr. .. Respondents Ms.Priya Crasto for Petitioner. Mr.G.A.Karmarkar i/by Mr.G.S.Hegde for Respondent No.1. CORAM : CORAM : CORAM : R.Y.GANOO, J. R.Y.GANOO, J. R.Y.GANOO, J. DATE : 13TH MARCH, 2009. DATE : 13TH MARCH, 2009. DATE : 13TH MARCH, 2009. P.C. P.C. P.C. 1. Heard the learned Counsel for the Petitioner as well as for the Respondent. As of today, the vehicle is lying at Sai Garage, more particularly set out at prayer clause (a) of this Notice of Motion. It appears that the said vehicle was lodged with Sai Garage for repairs and since-then the vehicle is lying at Sai Garage. The Applicant/Petitioner wants to have this vehicle disposed of. It should be noted here that the charges if any of Sai Garage also will have to be paid at the time of appropriating the sale aproceeds. Hence, it is necesssary to allow the Applicant to join Sai Garage as party Respondent. Hence, I am inclined to allow the Notice of Motion in terms of prayer clause (a). 2. At present there is no need to pass an order directing the Court Receiver to take possession. That can be done when the Sai Garage will be joined as party Respondent. Notice of Motion is therefore made absolute ( 2 ) in terms of prayer clause (a). 3. Petitioner/Applicant is permitted to join Sai Garage as party Respondent. Amendment to be carried out in the petition on or before 23rd March, 2009. 4. Returnable date in the Arbitration Petition is now fixed as 8th April, 2009. Petitioners to serve the copy of the petition upon the Sai Garage - proposed Respondent. 5.. Notice of Motion stands disposed of in the above terms, with no order as to costs. (R.Y.GANOO, J.) (R.Y.GANOO, J.) (R.Y.GANOO, J.)