1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO. 158 OF 2009 L & T Finance Limited .... Petitioner vs M/s.Kiz & Associates & ors. .... Respondents Mrs.Shakuntala Joshi with Mr.Sanjay Anubhavane for the petitioner. CORAM: ANOOP V. MOHTA, J. DATE : 2nd September, 2009 JUDGMENT: 1 None appears for the respondents again. Affidavit of service is already filed on record. This Court, after considering the averments made already granted initially prayer (d) and by order dated 23.04.2009 prayer (a) except bracketed portion. 2 Considering the averments and as there is clear default and as the respondents admittedly not making the payments and as the averments made in the petition remained uncontroverted and all elements that require in such background under Order XXXVIII/XLI of the Code of Civil Procedure, are available, I am inclined to allow this petition in terms of prayers (a), (a-i) and (d). The police assistance if necessary is also permitted. 3 However, liberty is granted to the respondents to settle the matter. 4 I do not deny the right of the respondents to raise appropriate pleas or 2 defence before the Arbitral Tribunal, if constituted. 5 The Petition is accordingly allowed in the above terms. No costs. (ANOOP V. MOHTA, J.)