1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 1176 OF 2009 Kotak Mahindra Prime Ltd., a company incorporated under the Companies Act, 1956, and having its registered office at 36 -38A, Nariman Bhavan, 227, Nariman Point, Mumbai -400 021. ...Petitioner. Vs. Surendra C. Parmar ...Respondent. Mr. Prasad Das with Mr. Ravi Goenka i/by Goenka Law Associates for the Petitioner. None for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :-19th NOVEMBER, 2009. ORAL JUDGMENT:- 1 The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act), as the Respondent committed defaults in due payment towards the loan agreement. Though served, none appeared for the Respondent. Affidavit of service is on record. 2 2 Considering the averments made and as there is no denial to the same and as the relevant ingredients are available to grant the relief. I am inclined to consider the case of the Petitioner. This Court, on 8th October, 2009, has already granted an ad-interim relief in terms of prayer clause (d), in respect of item No.1 only, thereby restrained the Respondent to create third party rights, title or interest in the property. In view of this, I am inclined to confirm this order as prayed. 3 The liberty is already granted to the Respondent to settle the matter and or furnish the appropriate security to the satisfaction of the Petitioner and to raise plea or defence before the Arbitral Tribunal, if any. 4 The Petition is accordingly allowed in terms of prayer clause (d) to the above extent only, with liberty to the Respondent to apply for modification of this order. 5 No order as to costs. (ANOOP V. MOHTA, J.)