1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.860 OF 2009 Indusind Bank Ltd. . Petitioner -versus Chakram Travels and two ors .. Respondents Me. A. B. Desai, for the petitioner. Mr. Kevin Chettiar, for the respondent No.1. CORAM: ANOOP V. MOHTA, J. DATED: 5th March, 2010 P.C. 1. None appeared for the Respondent No.3 though duly served. The Respondent No.2 on instructions has already made a statement that they have no objection if appropriate orders passed against Respondent Nos 2 and 3. It is already recorded in the order dated 8th January, 2010. This Court on 13th November, 2009 considering the consistent default in making payment and as there is no denial on the part of respondents, granted ad interim reliefs in terms of prayer clause (c). There is no reply and/or denial by respondents. The amount being due and payable is sufficient to consider the case of the petitioner as prayed. 2. In view of the above and all elements are made 2 available, I am inclined to grant this petition in terms of prayer clause (a) and (c). However, it is made clear that the petitioners are liable to to pay requisite charges of Receiver even if they sell the property by private auction. 3. Liberty is granted to the Respondents to settle and raise defence in the matter before the Arbitrator Tribunal. 4. The petition is disposed of . No costs. ( ANOOP V. MOHTA, J.)