1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 1959 OF 2009 Reliance Capital Limited ...Petitioner. Vs. Sohandia Fabrics Pvt. Ltd. & Ors. ...Respondents. Mr. Rahul Mehta with Mr. Nikhil Mehta i/by KMC Legal Venture for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 11TH FEBRUARY, 2010. P.C.- 1 The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act), as the Respondents failed to make payments as per the agreement of loan, having arbitration clause. 2 None appeared for the Respondents, though served twice. An affidavit of service is placed on record. The Respondents have unclaimed the private, as well as, the Court notice. The averments, therefore, so made with regard to the due payment, as well as, apprehension so raised remained uncontroverted. The Respondents have been enjoying the loan without due payments. Therefore, all the elements as required under 2 Section 40 of the Code of Civil Procedure (for short, CPC) are available. 3 On 14/01/2010, this Court already granted ad-interim relief in terms of prayer clause (c). Now, in view of this, I am inclined to grant this petition in terms of prayer clause (d). The prayer clause (c) is also confirmed. 4 The Respondents to furnish solvent security to the sum of Rs.14,48,118.03/- within a period of 8 weeks and/or settle the matter. The order shall continue till the enforcement of award under Section 36 of the Arbitration Act. 5 I do not deny the right of the Respondents to settle and to raise plea or defence before the Arbitral Tribunal, if so constituted. 6 The Petition is accordingly allowed in terms of prayer clauses (c) and (d) with liberty. No order as to costs. (ANOOP V. MOHTA, J.)