1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO. 295 OF 2009 Mahindra & Mahindra Financial ] Services Ltd. ] Registered office at : Gateway Building, ] Apollo Bunder, Mumbai 400 001. and ] Corporate Office at Sadhana House, ] 2nd Floor, 570, P.B.Marg, Worli, ] Mumbai – 400 018. ] .. Petitioner V/s. 1. Nikhilesh A.Mhatre & Ors. ] Residing at B-503, Tawade Complex, ] L.T.Road, Dahisar, ] Mumbai – 400 068. ] ] 2. Ashutosh Anant Mhatre ] Residing at B-503, Tawade Complex, ] L.T.Road, Dahisar, ] Mumbai – 400 068. ] .. Respondents Ms.Priya Crasto for the petitioner. None for the Respondent. CORAM: ANOOP V. MOHTA, J. DATE : 23rd September, 2009 ORAL JUDGMENT :- 2 The Petitioner has invoked section 9 of the Arbitration and Conciliation Act (hereinafter referred as the Act) as Respondents are defaulters in installments. The respondents have been using the said vehicle Scorpio since 2006 without any repayment. The Respondents refused to accept even the court notice. It is endorsed accordingly. 2. None appeared for Respondents. It means that the averments in the said petition remained uncontroverted, including the apprehension so raised by the Petitioner. This Court, therefore, on 2nd July, 2009 has passed the order in terms of prayer clauses ‘c’ and ‘e’ also. The rule was made returnable within three weeks. 3. Considering the above, I am inclined to grant prayer clauses ‘b’,’c’ and ‘e’. 4. I do not deny the rights of the Respondents to contest the matter on merits before the Tribunal, if so constituted. 5. Resultantly, the petition is allowed in terms of prayer 3 clauses ‘b’, ‘c’ and ‘e’ with liberty. 6. No costs. (ANOOP V. MOHTA, J.)