1 arbpl1745.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 1745 OF 2009 Kotak Mahindra Bank Limited ....Petitioner. Vs. Yakub Hassan Shaikh and others ...Respondents. Mr. Rahul Mehta i/by Ms. Disha Karambar for the Petitioner. None for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 9th December, 2010 P.C.: The Petitioner has filed an affidavit of service. None appeared for the Respondents though served even after admission of the Writ Petition. This Court on 17th December, 2009, considering the averments made, admitted the Writ Petition and granted interim relief in terms of prayer clause (c) to the extent of item No.1 of immovable property of Respondent No.1 only. The consistent default, as alleged, has remained uncontroverted, and as the Respondents are not appearing till this date, and as the Arbitration Proceedings are pending before the Arbitrator, in my view, the case is made out under Section 9 of the Arbitration and Conciliation Act, 1996. The interim 2 arbpl1745.09.sxw ssm order already granted on 17th December, 2009 shall continue till the final decision of the Arbitration Proceedings which are pending before the Arbitrator, to avoid further complications, and until the enforcement of the award under Section 36 of the Act. 2 The Petition is accordingly disposed of with no order as to costs. The Office objections, so raised, are dispensed with. (ANOOP V. MOHTA, J.)