1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.173 OF 2009 Kotak Mahindra Bank Ltd. ...Petitioner. Vs. Suvarna Sundar Ghumare & Ors. ...Respondents. Mr.Rahul Mehta with Mr.Nikhil Mehta I/b.Disha Karambhar for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 7th SEPTEMBER, 2009. P.C.- The petitioner are invoked section 9 of Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) as respondents failed to make the payment as per the agreement regularly. The Respondents are defaulters. They have been using the vehicle without due payment. Though served twice, none appeared for Respondents. This Court by order dated 24th March, 2009 granted ad interim relief in terms of prayer clause ‘g’ and later on by order dated 22nd April, 2009 in terms of prayer clause ‘a’ except bracketed portion. Though served, the Respondents have not denied the averments made in the petition. In view 2 of this un-controverted manner on record, in my view a case is made out by the petitioner, have protection and security to the extent of amount involved pending the arbitration proceeding. The petitioner unable to trace out the vehicle, therefore, submitted to pass appropriate orders restraining the Respondents from dealing with the immovable property as described in prayer clause ‘ff’. 2. As the case is made out, I am inclined to grant prayer clause ‘a’ by deleting the bracket also. 3. The Respondents are also restraining from creating any third party right or interest in the immovable property situate at Post- Loni Kharda, Taluka-Jamked, District-Ahmednagar -414 001, State – Maharashtra. 4. Resultantly, petition is allowed in terms of prayer clause ‘a’ and ‘ff’ pending to the above extent. 5. No costs. (ANOOP V. MOHTA, J.)