1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 751 OF 2009 L & T. Finance(India) Ltd. ...Petitioner Vs. K. Padma Reddy & Anr. . ...Respondents. --- Ms. S.I. Joshi, for the for the Petitioner. --- CORAM :- ANOOP V. MOHTA, J. DATED :- 5th OCTOBER 2009 P.C.- 1. None appeared for the respondents though served. Affidavit of service is placed on record. 2. The petitioner has invoked Section 9 of the Arbitration & Conciliation Act, 1996, as the respondents though agreed, committed default in making payment. Considering the averments raised in the petition remained uncontroverted. The respondents have been using the said vehicle without any due payments. 3. In view of above, I had already granted ad-interim relief in terms of prayers (d) on 7.9.2009. None appeared for the respondents thereafter 2 again. 4. I am of the view that all the elements as contemplated under Order 40 Rule of Code of Civil Procedure (CPC) are available. I therefore inclined to dispose of the petition by granting relief in terms of prayer clauses (a-i) and (d) excluding bracketed portion with liberty. No order as to costs. It is made clear that if the vehicle is sold by a private treaty by the petitioner, the petitioner is found to pay the requisite charges/fees of the Court Receiver as per Rule 591 based upon the cost of the vehicle actual receipt of the amount received. The Court Receiver to pass order accordingly. This is a condition precedent. 5. However, liberty is granted to the respondents to move for settlement and/or furnish security to the extent of amount involved to the satisfaction of the petitioner. I do not dispute the rights of the respondents to raise any pea and defence before the Arbitral Tribunal. (ANOOP V. MOHTA, J.)