1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 528 OF 2009 Tata Capital Limited A company incorporated under the Companies Act, 1956 having its registered office at One Forbes, Dr. V.B. Gandhi Marg, Fort, Mumbai-400 001 and inter alia having its office at DGP House, 4th Floor, Old Prabhadevi Road, Mumbai – 400 025. ...Petitioner. Vs. Mr. Surendra K. Nayak, 308/b, Madhubhan, Sai Baba Nagar, Mira Bhayender Road, Near Littleking Restaurant, Mira Road-East, Mumbai-401 107. ...Respondent. Mr. Nikhil Mehta with Mr. Rahul Mehta i/b. KMC Legal Venture for the Petitioner. None for the Respondent. CORAM : ANOOP V. MOHTA, J. DATED : 25th SEPTEMBER, 2009. ORAL JUDGMENT : 1 The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as, the Act), as the Respondent 2 committed default in making payment towards the loan agreement having arbitration clause. 2 The Arbitrator has already been appointed. The Respondent is not attending the same also. 3. The Petitioner issued notice on the basis of address available on record. The Respondent avoiding by one way or other, the private, as well as, the Court notice also. Considering the averments made and as it remained uncontroverted and as the case is made out by the Petitioner and as of agreement which are required under Order 40 of Civil Procedure Code, read with Section 9 of the Act, I am inclined to grant prayer clause (b). 4. The Respondent to furnish solvent security to the sum of Rs.7,05,576/- within a period of eight weeks and or settle the matter. The liberty is granted to raise appropriate plea or defence before the Arbitral Tribunal, if any. 5. The Petition is accordingly allowed. This order shall continue till the enforcement of the award under Section 36 of the Act. 6 No costs. (ANOOP V. MOHTA, J.)