1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION (L) NO.1376 OF 2009 Kotak Mahindra Bank .. Petitioner -versus Arun Lodhe .. Respondent. Mr. Prasad Das, i/b Goenka Law Associates for the Petitioners. CORAM: ANOOP V. MOHTA, J. DATED: 1st February, 2010 P.C. 1. In a petition under section 9 of the Arbitration and Conciliation Act, l996, there is arbitration clause. Though served none appeared for the respondent. Affidavit of service dated 18th January, 2010 is taken on record. Respondents are not traceable as they shifted from the original place as recorded. Though liberty was granted to respondent to settle the matter and/or apply for vacation of the order dated 15th November, 2009, none appeared for respondent, even for settlement. 2. In view of this I see the opponent has made out a case as there is no denial to the averments made by the petitioner, resultantly I am inclined to grant relief in terms of prayer clause (d) item No.l only as reflected in the order dated 16th October, 2009. 2 3. Liberty is granted to respondent again to settle the matter and/or apply for vacation of this order and/or securing amount. Resultantly the petition is allowed in terms of prayer clause (d) item l. 4. Petition disposed of. No costs. ( ANOOP V. MOHTA, J.)