( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ ARBITRATION PETITION NO.61 OF 2009 ARBITRATION PETITION NO.61 OF 2009 ARBITRATION PETITION NO.61 OF 2009 Kotak Mahindra Prime Ltd. ..Petitioner V/s. Nasir Abdullah Sarang ..Respondent ...... Mr. Chinmay Gupte i/by Mohit Gadkari & Co. for the petitioner None for the respondent ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th March, 2009 DATED : 25th March, 2009 DATED : 25th March, 2009 P.C.: P.C.: P.C.: 1. Despite passing order in terms of prayer clause (b) of the petition, there is no response from the respondent. The respondent has committed default as regards in payment of loan. Hence, this is a fit case for appointment of Court Receiver and directing the respondent to pay the EMI by appointing him as an agent of the Court Receiver. Hence, the following order. ORDER ORDER ORDER . The Court Receiver, High Court, Bombay is hereby appointed in regard to the suit Vehicle. The said Receiver shall take formal possession of the suit vehicle and appoint the ( 2 ) respondent as an agent of the Court Receiver. Upon such appointment, respondent shall deposit with the Receiver EMI of Rs.14,150/- and the said amount shall be paid over to the petitioner by the Court Receiver. Respondent shall execute usual agency agreement and shall execute usual undertaking. If there are any two defaults in the matter of depositing the EMI, the Court Receiver shall sell the suit Vehicle by private treaty. From and out of the sale proceeds Receiver shall deduct expenses for the sale and his charges and pay balance amount to the petitioner. Till such time Court Receiver takes formal possession of the suit Vehicle, there shall be an order of injunction restraining respondent from creating any third party rights and or parting with possession as set out in prayer clause (b). . Petition stands disposed of with no order as to costs. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)