1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 249 OF 2009 Kotak Mahindra Limited. ...Petitioner. Vs. Manish Ashok Kalbhor & Anr. ...Respondents. Mr. Nikhil Mehta i/by Disha Karambar for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 19th JUNE, 2009. P.C.- 1. As there is an Arbitration Agreement therefore, the petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short “the Act”). On 21st April 2009, none appeared for the respondents, therefore, considering the uncontraverted averments made, this Court has granted ad-interim relief in terms of prayer clause (a) except bracketed portion. 2. However, today also none appeared for the respondents. Therefore, I am inclined to grant prayer clause (a) in full by deleting SKT/- 2 the word “except bracketed portion” which reads as under : “a. Pending the hearing and final disposal of the arbitration proceedings, Court Receiver, High Court, Bombay be appointed as a Receiver under Order XL Rule 1 of C.P.C. 1908 in respect of the vehicle being HEAVY COMMERCIAL VEHICLES TIPPER – TATA – TATA SK 1613 TIPPER BEARING CHASSIS NO. 373135MUZ757608, BEARING ENGINE NO. 697TC56MUZ141839 AND BEARING REGISTRATION NO. MH-12/CT-7752. The Court Receiver, High Court, Bombay be further directed to handover the said vehicle to the Petitioner with liberty to the Petitioner with liberty to the petitioner to dispose off the same by private treaty with further liberty to adjust the sale proceeds towards the dues due to the Petitioner from the Respondents.” 3. Therefore, as there is no denial to the averments and as vehicles/movable properties are the subject matter of the disputes, therefore, I am inclined to dispose of this petition itself, with liberty to avoid further damage and the complication. However, the respondents are given liberty to furnish security of the amount and/or settle the matter. 4. The parties are at liberty to make their respective statements before the Arbitral Tribunal, if any. Petition is allowed accordingly in terms of prayer clause (a) with liberty. No costs. (ANOOP V. MOHTA, J.) SKT/-