1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODG.) NO. 1881 OF 2009 L And T Finance Ltd. ..... Petitioner V/s Salim Usman Patel & Anr. ......Respondents. --- Mr. Disha Karambar, for the Petitioner. None for the Respondents. ---- CORAM: V.M. KANADE, J. DATE : 10 th FEBRUARY 2010 . P.C.: 1. Heard the learned counsel appearing on behalf of the Petitioner. None appears on behalf of the Respondents though they are served. The Petitioner has filed the affidavit of service dated 5.2.2010. 2. In this Petition an ad-interim relief was granted in terms of prayer clause (c). Since the Respondents have not appeared despite service, the averments made in the Petition remain controverted. The Petitioner is a finance company. Respondent No.1 is a borrower who obtained the loan facility against the hypothecation of suit vehicle from the Petitioner under the loan-cum-hypothecation agreement. Respondent No.2 is a guarantor to the loan obtained by Respondent 2 No.1. There is a specific clause in the said Agreement whereby both parties agreed that in the event of any dispute, same be referred to the sole Arbitrator. 3. Since the amount has not been paid this Petition has been filed under Section-9 of the Arbitration and Conciliation Act, 1996. The learned counsel appearing on behalf of the Petitioner submits that arbitration has been revoked and same is pending. She submits that under these circumstances, the Court Receiver may be appointed for the purpose of taking possession of the said vehicle and permission be granted to sell the vehicle by private treaty or by public auction without giving notice to the Respondents. According to the learned counsel appearing on behalf of the Petitioner if notice is given to Respondent No.1, Respondent No.1 may remove the vehicle and keep in undisclosed location. 4. The learned counsel appearing on behalf of the Petitioner has made out the case, in the result further interim relief is granted in terms of prayer clauses (a) and (b). The Petition is accordingly disposed of. Liberty granted to the Petitioner to apply for further relief, if required. (V.M. KANADE, J.) 3