1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODG.)NO. 1170 OF 2009 Kotak Mahindra Prime Ltd. ....Petitioner. Vs. Dhiraj P. Kapoor ...Respondent. --- Mr. Prasad Das i/b M/s Goenka Law Associates, for the Petitioner. None for the Respondent. --- CORAM :- ANOOP V. MOHTA, J . DATED :- 18 th November, 2009. P.C.- 1. The petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the respondent has committed defaults in making the due payment towards the personal loan as per the agreement. None appeared for the respondent. Affidavit of service is filed. 2. The averments made in the petition, therefore, remained uncontroverted. It also covers the apprehension so raised. In view of this, the petitioner has made out a prima facie case of interim injunction/relief, pending the Arbitral proceedings. 3. By an order dated 7.10.2009, in view of the above, this Court already 2 granted prayer clause (d) for item no.1 only. As there is no denial, I am inclined to confirm the same. 4. The liberty is granted to the respondent to settle the matter and/or furnish appropriate security to the satisfaction of the petitioner. The liberty is also granted to the respondent to raise appropriate plea or defence before the Arbitral Tribunal, if so constituted. The liberty is also granted to the respondent to apply for appropriate order or modification. 5. The Petition is, accordingly, allowed in terms of prayer clause (d) for item No.1, with liberty. No order as to costs. (ANOOP V. MOHTA, J.)