1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRAITON PETITION NO.255 OF 2009 Kotak Mahindra Bank Ltd., .. Petitioner V/s. Bharat Singh Arjun Singh Tanwar & Anr., .. Respondents. Mr.Nikhil Mehta i/b. Disha Karambar, for Petitioner Mr.R.S.Kelaskar, S.O., Court Receiver, present. CORAM: ANOOP V. MOHTA, J. DATED: 28th AUGUST, 2009. P.C. 1. This is a Petition under section 9 of the Arbitration & Conciliation Act, 1996. On 21 st April, 2009, this Court has granted prayer clause (a) on the basis of averments made which remained uncontroverted till date. On 19 th June, 2009, this Court has admitted the matter when Respondent No.2 appeared. It was adjourned for settlement. 2. On 24 th July, 2009, this Court has directed the matter to be placed for final hearing. 3. The learned Counsel appearing for Petitioner srj/- 2 makes statement that the Respondent never appeared for settlement nor sent any proposal. Therefore, Respondents is using the vehicle without payment. 4. The awarments was made in the Petition as remained uncontraverted. The Petitioner, in my view, has made out the case as contemplated under order 41 of Code of Civil Procedure, 1908. 5. The Petition is allowed in terms of prayer clause (a). The order dated 21 st April, 2009 is modified accordingly, with no orders as to costs. 6. Liberty is granted to the Petitioner to take Police Assistant, if case is made out. Liberty is also granted to Respondent to settle the matter and/or furnish the security, if they desire. 7. The defence applicable to them are kept open. (ANOOP V. MOHTA,J.) srj/- 3 srj/-