1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.19 OF 2009 Mahindra & Mahindra Financial Services Ltd. ...Petitioner. Vs. R.M. Khan & ors. ...Respondents. Mrs. Priya Crasto for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 17th JUNE, 2009. P.C.- 1 None appears for the respondents. 2 The learned counsel for the petitioners makes statement that respondent no.1- the main borrower is absconding. The guarantor- sister in law is also not responding. 3 This court by order dated 1.10.2008 granted interim relief in terms of prayer (c) except bracketed portion and appointed the Receiver. 2 4 Considering the averments made and there is no denial to the same and as observed already in the order dated 1.10.2008, I see there is a case made out by the petitioner to pass final order as prayed basically because the matter is also pending before the Arbitral Tribunal. 5 In view of this, the petition is accordingly allowed in terms of prayers (a), (b) and (c) except bracketed portion, with liberty to the petitioner to apply for appropriate order before the Arbitral Tribunal and also with liberty to the respondents including to furnish security to the extent of amount involved and/or to settle the matter. No order as to costs. (ANOOP V. MOHTA, J.)