1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO. 611 OF 2009 L & T Finance Limited .... Petitioner vs Suryavanshi Organisation & Anr. .... Respondents Ms.Shakuntala Joshi i/b. S.I.Joshi & Co. for the petitioner. Mr.P. Kumar Jain with Mr.Brijesh K. Upadhya for the respondents. CORAM: ANOOP V. MOHTA, J. DATE : 8th October, 2009 ORAL JUDGMENT: 1 The petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the respondents admittedly committed defaults in making due payment pursuance to the agreement for Lease of machineries mentioned in Exhibit “F” of the petition. 2 The only submission made is that Section 17 of the Act is available as the petitioner has already invoked the said arbitration clause. There is no dispute about the arbitration clause. 3 Considering the averments and as there is no denial to the liability except mere denial to the payments and the ground that they are not in possession of the machineries, in my view, is not sufficient to overlook the prima facie the averments made read with the agreements in question. 2 4 The learned counsel for the petitioner, on instructions, makes statement that they have located the machineries. The learned counsel for the respondents makes statement that they are not aware of the whereabouts of the machineries. However, in view of this itself, I see there is a clear case made out by the petitioner and as the averments so raised substantiated by this statement itself. 5 In the result, I am inclined to grant prayer clause (a-i) except bracketed portion. The interim order already granted in terms of prayer (c) stands confirmed. However, liberty is granted to the respondents to apply for for settlement and/or settle the mater and/or furnish the security to the satisfaction of the petitioner. 6 The liberty is also granted to the parties to raise appropriate pleas and/or defences before the Arbitral Tribunal, if so constituted. 7 The liberty is also granted to the petitioner to take police help, if necessary. 8 The petition is allowed accordingly in terms of prayers (a-i) except bracketed portion and (c) with liberty. No costs. (ANOOP V. MOHTA, J.)