*1* arbp.114.08.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.114 OF 2008 M/s Kotak Mahindra Prime Limited. ..Petitioner -Versus- Mirza Yusuf Zoafar Baig Son of Islam Ahmed and another. ..Respondents .......... Mr.Ashish Kamat a/w Mr.Nikhil Rajani i/b M/s V.Deshpande & Company, for the Petitioner. None for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 25rd August, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 By an order dated 20th November, 2008, the notice was issued for final disposal of the petition. The Respondents have remained absent before the Arbitrator and this Court. 3 The Petitioner’s claim arises under the Hire-Purchase agreement dated 12.07.2001 in respect of the vehicle which is hypothecated to the Petitioner. The Respondent No.2 is a guarantor. It is not necessary to refer to the facts of transactions between the parties in view of the award having been passed by the learned Arbitrator on 01.10.2007. By the said award, the Respondents have been directed to pay a sum of Rs.10,64,981/- with interest thereon @ 18% per annum from 04.07.2007 and the award also entitles the Petitioner to enforce the security in respect of the vehicle. After the award was passed, the *2* arbp.114.08.sxw Petitioner was informed that the vehicle has been stolen and the Respondent No.1 had filed the First Information Report. 4 The Respondents are absent despite notice. The award has not been challenged. The averments in the petition are, therefore, unchallenged. 5 I do not intend to grant an order directing the Respondents to secure the Petitioner’s claim as I intend to pass an order of attachment in respect of the two residential premises which prima facie satisfy the Petitioner’s claim. 6 In the circumstances, the petition is disposed of by the following order:- (i) The properties mentioned in Exhibit-C to the petition shall be attached and shall remain attached pending the satisfaction of the award. (ii) Till the attachment is levied, interim order dated 20.11.2008 shall continue. (iii) No order as to costs. -