1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO.483 OF 2009 Citi Corp Finance India Ltd., a Company incorporated under the Companies Act, 1956, having its Regisxtered office at Citi Centre, 5th Floor, Plot No.C/61, Bandra, Kurla Complex, G Block, Bandra (E), Mumbai 400 051 .... Petitioner vs 1 M/s.Girnar Enterprise, having address at C.6412, Sector No.C, CBD Belapur, Vashi, Navi Mumbai 400 615, 2 Mr.Manharlal Mavani, C-6412, Sector No.C, CBD Belapur, Vashi, Navi Mumbai 400 615, .... Respondents Ms. S. P. Bharti for the petitioner. CORAM: ANOOP V. MOHTA, J. DATE : 30th September, 2009 ORAL JUDGMENT: 1 The petitioner has invoked Section 9 of the Arbitration & Conciliation Act, 1996 (for short, the Act), as the respondents, inspite of repeated reminders and demand, failed to make the due payments as per the agreement. The respondents have been using the machineries, equipments without making due payments. The amount due is now to the extent of Rs.28,75,571/-. 2 Affidavit of service is filed. 2 3 Considering the fact that there is no denial to the averments so raised and, therefore, the averments with regard to the apprehension also remained un- controverted. In my view, all elements as required under Order 40, Rule 1 of Code of Civil Procedure (CPC) read with Section 9 of the Act are available and, therefore, I am inclined to grant prayer (a) and confirm the prayer (d) as already granted. 4 However, liberty is granted to the respondents to settle the matter and/or furnish the security to the satisfaction of the petitioner. The liberty is also granted to the respondents to raise appropriate plea or defence before the Tribunal, if so constituted. 5 The petition is accordingly allowed in terms of prayers (a) and (d) with liberty. No costs. (ANOOP V. MOHTA, J.)