ARBP1291-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1291 OF 2010 Citicorp Finance (I) Ltd. ..Petitioners Versus Mohd. Hanif Gul Sayed and Anr. ..Respondents WITH ARBITRATION PETITION NO.1290 OF 2010 Citicorp Finance (I) Ltd. .. Petitioners Versus Firoze Nizam Shaikh and Anr. .. Respondents WITH ARBITRATION PETITION NO.1293 OF 2010 Citicorp Finance (I) Ltd. .. Petitioners Versus Mrs.Amita N. Patel & Anr. .. Respondents Mr.M.H.Rehman i/b. D.H.Law Associates for petitioners. CORAM: S.C.DHARMADHIKARI, J. DATED: 31st January 2011 P.C. 1] Heard learned Advocate for petitioner. None of the respondents are appearing, though served. The loan cum ARBP1291-10 2 hypothecation agreement is in respect of the vehicles, details of which are set out at page 50 of the petition paperbook. The apprehension of the petitioner is that the location of these vehicles has not been disclosed nor are the details forthcoming with regard to the usage thereof. On the earlier occasion ad-interim orders in terms of prayers (b) and (e) have been passed but since the respondents are not appearing and have not complied with the orders of this Court, it is prayed that ad-interim order in terms of prayer clause (d) may also be passed. 2] Bearing in mind the above developments and since none of the statements in the petition are controverted, it is just and convenient to appoint the Court Receiver, High Court, Bombay as receiver of the vehicles with all powers under Order 40 Rule 1 of CPC. 3] The petition is, therefore, made absolute in terms of ad- interim orders so also in terms of prayer clause (d). On taking possession, the Court Receiver to give opportunity to respondent to be appointed as his agent on such terms and conditions, including payment of royalty and while fixing the same, he will bear in mind the terms and conditions of hypothecation agreement. (S.C.DHARMADHIKARI, J.)