skt/- nms3442.09 arbp661.09.sxw ..1.. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3442 OF 2009 IN ARBITRATION PETITION NO. 661 OF 2009 Citicorp Finance (India) Ltd. ...Petitioner. Vs. Vikas S. Kamthe & Anr. ...Respondents. ..... Ms.S.I.Joshi i/by S.I. Joshi & Co. for the petitioner. Ms.Prachi Khandge i/by Mr.Santosh Narwade for respondent nos. 1 & 2. ..... CORAM :- ANOOP V. MOHTA, J. DATED :- 8th JANUARY, 2010. P.C.- 1. As the liberty was granted by this Court on 20th August 2009, while disposing the petition u/s. 9 of the Arbitration and Conciliation Act, 1996, as respondents were absent in spite of service and as there was no denial to the liabilities/defaults, so averred by the original petitioner. Now the statement is made by the learned counsel appearing for both the parties and that the Arbitrator has disposed of main arbitration petition on 7th December 2009 in view of memorandum of understanding/consent terms entered into by both skt/- nms3442.09 arbp661.09.sxw ..2.. the parties. The learned counsel appearing for original petitioner makes statement that there is default in the first installment itself. 2. The learned counsel appearing for the applicant-original respondents makes statement that they will make the payments regularly hereinafter. Accepting this and as the learned counsel appearing for the petitioner also makes the statement that they will not take any further coercive steps, if the respondents make payments as per the agreement Memorandum of Understanding. 3. In view of this, as there is no case is made out by the respondents, the Notice of Motion is accordingly disposed of. No costs. (ANOOP V. MOHTA, J.)