1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION (L) NO.865 OF 2009 Kotak Mahindra Prime Limited ] A company Incorporated under the ] Companies Act, 1956, and having its ] registered office at 36-38A, Nariman ] Bhavan, 227, Nariman Point, ] Mumbai – 300 021. ] .. Petitioner V/s. Sujata Suresh Dwivedi ] 117/161 Kashmira, ] Mira Road East, Thane – 401 104. ] .. Respondent Mr.Prasad Das with Mr. Sangmeshwar Delmade i/b.Goenka Law Associates for the Petitioner. None for the Respondent. CORAM: ANOOP V. MOHTA, J. DATE : 23rd September, 2009 ORAL JUDGMENT : None appeared for the Respondent again. 2 2. Affidavit of service is filed. 3. Considering the averments made and as there is no denial with the liability and to the averments with regard to the apprehension and this court on 26th August, 2009 has already granted prayer clause ‘d’ in respect of Item No.1 only of Exhibit E, I am inclined to confirm the prayer clause ‘d’ in view of the above. 4. Resultantly, petition is allowed, only in terms of prayer clause ‘d’ in respect of Item No.1 of Exhibit E only. 5. However, liberty is granted to the Respondent to settle the matter and/or to furnish the security to the satisfaction of the Petitioner. 6. I do not deny the rights of the Respondent to raise appropriate plea or defence before the Arbitrator Tribunal, if any. 7. The liberty is also granted to the Respondent to apply for modification of this order. 3 8. The petition is, accordingly, allowed in terms of prayer clause ‘d’ ,with liberty. No costs. (ANOOP V. MOHTA, J.)