1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Arbitration Petition No.30 of 2010 L & T Finance Limited .. Petitioner v/s. Mr.Manish Manimuthu Thevar & Anr. ..Respondents Ms.Shakuntala Joshi for the Petitioner None for the respondents. CORAM : R.Y.GANOO, J. DATED : 27th April, 2010 P.C. : 1. Affidavit of service is filed. Petition can be disposed of. 2. The petitioners advanced loan to the respondent no.1 who is borrower. The respondent No.2 is the guarantor. In terms of loan cum hypothecation Agreement at Exhibit A to the petition, loan was advanced for purchase of vehicle more particularly described in Exhibit G to the petition. According to the petitioners, respondents have failed to comply with the monetary liability. I am informed that 2 Arbitrator is already appointed. Further, having heard learned Advocate for the petitioners, I am inclined to observe that as of today the order of injunction can be granted against the respondent no.1 so as to restrain the respondent no.1 from creating third party right and or parting with possession in regard to the vehicle described in Exhibit G. In addition to that, the Order can be passed permitting the petitioners to take possession of the vehicle at Exhibit G, if the loan cum hypothecation agreement permits the petitioners for taking possession, ofcourse with police protection. Hence following order is passed to dispose of this petition. ORDER i) Petition is made absolute in terms of prayer clause (d). ii) Petitioners are permitted to take possession of the vehicle mentioned at Exhibit G, if the loan cum hypothecation agreement so permits, with assistance of the police. iii) If the vehicle is traced and the petitioners want to take possession, they will seek police assistance from the nearest police 3 station, on payment of necessary charges. iv) No other reliefs sought in the petition need to be granted. v) Petition disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]