1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 22 OF 2009 Citifinancial Consumer Finance India Ltd. ...Petitioner. Vs. Paramjit Singh Tarlochan Singh Ahluwalia & Anr. ...Respondents. None for the Petitioner. Mr. Mahesh Sowani i/by Vigil Juris for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 16TH JUNE, 2009. P.C.- 1. The Petitioner is Citifinancial Consumer Finance India Ltd., a bank who has filed this Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), for appointment of Court Receiver including authority to take necessary police aid for taking possession of the flat. The learned counsel appearing for the Respondents has pointed out that only two installments were overdue. The Respondents have in fact paid 21 installments. 2. The Petitioner has filed this Petition on 19th November, 2008, that means much before the due date. The statement is further made that there is nothing due and payable as they have made full payment i.e. on 15th June, 2009. Therefore, nothing survives in this Petition. 2 3. However, considering the fact that the Petitioner in the present case, as noted, filed such Petition to take such drastic action against the party who has made regular payment and in the present case 21 installments have been paid and only two installments remained and that too of the month of June and July. To file such Petition in advance on 19th November, 2008 it means to misuse power & the authority and this is definitely never contemplated in any provisions. This is a clear action to twist and harass the parties to recover the amount. 3. In view of this, the Petition is dismissed with costs of Rs.15,000/- (Rupees fifteen thousand only) to be paid to the Respondents within a period of two weeks failing which the Court will take necessary action. 4. The Petition is disposed of accordingly. No costs. (ANOOP V. MOHTA, J.)