1 arbp280-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.280 OF 2008 DLF Home Developers Ltd. ....Petitioner V/s. Vijay Singh Kadan ....Respondent Mr.Aditya Chitale for the Petitioner. Mr.A.A. Kumbhakoni, Senior Counsel with Mr.S.S. Deshmukh for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 3RD SEPTEMBER, 2010. P.C. :- 1. This is a petition under section 9 of the Arbitration and Conciliation Act, 1996. 2. By a separate order in an application under section 11 of the said Act, the arbitrator has been appointed. Interim reliefs are sought in respect of the properties which have been given as the securities by the Respondent in favour of the Petitioner towards the repayment of the Petitioner’s dues. The Respondent has no objection even to a Court Receiver being appointed to take possession, to secure the same pending the arbitration. 3. Although interim orders were granted in terms of prayer (c), I am not inclined to grant the said order at this stage. In prayer (c), the Petitioner has sought an order permitting it to sell the security for the 2 arbp280-08 purpose of realizing its dues. This relief can only be considered after the award. At this stage, the appointment of the Court Receiver is sufficient to secure to the Petitioner in the event of the award being passed in its favour. 4. The petition is therefore, disposed of in terms of prayer (a). However, the Court Receiver shall take only formal possession of the property and appoint the Respondent as the agent of the Court Receiver, without security or royalty. 5. Till the Court Receiver takes possession, there shall be an order in terms of prayer (b). 6. Both the parties agree that they may be granted liberty to make an application before the learned arbitrator for seeking reliefs regarding further directions to be given to the Court Receiver in respect of the property including giving out the same on agency for proper utilization thereof pending the arbitration proceedings. 7. The petition is accordingly disposed of.