1 ARBP802.11 srp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.802 OF 2011 L & T Finance Limited ....Petitioner Vs. 1. Sikander Singh & Anr. ...Respondents ALONGWITH ARBITRATION PETITION NO.803 OF 2011 L & T Finance Limited ....Petitioner Vs. 1. Rajesh Yadav & Anr. ...Respondents ARBITRATION PETITION NO.804 OF 2011 L & T Finance Limited ....Petitioner Vs. 1. Sabbirbhai Yusufbhai Nadat & Anr. ...Respondents ARBITRATION PETITION NO.805 OF 2011 L & T Finance Limited ....Petitioner Vs. 1. Rahlul Chouhan & Anr. ...Respondents AND ARBITRATION PETITION NO.806 OF 2011 L & T Finance Limited ....Petitioner Vs. 1. Taj Khan & Anr. ...Respondents Ms. Disha Karambar for the Petitioners. None for the Respondents. 2 ARBP802.11 CORAM : S.J. VAZIFDAR, J. MONDAY, 17TH OCTOBER, 2011. P.C. : 1. These are petitions under section 9 of the Arbitration & Conciliation Act, 1996. 2. Prima facie, amounts are due and payable under the loan- cum- hypothecation agreements entered into between the petitioners and respondent No.1. The dues are secured by the hypothecation of the vehicles in each case. The repayment is also guaranteed by the other respondents in each case. 3. The respondents are absent, though served. They were absent when the ad-interim orders were passed. There is no affidavit in reply. 4. In the circumstances, it is necessary to safeguard the petitioners’ claim. The above petitions are, therefore, made absolute in terms of prayer (a), except the words bracketed in red. The Court Receiver shall, however, appoint the respondents as his agents on the usual terms and conditions, including as to security and royalty. In the 3 ARBP802.11 event of the respondents failing to accept the agency, the Court Receiver shall appoint any third party as the agents on the same terms and conditions without further order. Till the Receiver takes possession, the respondents are restrained from disposing of, alienating, encumbering or creating any third party rights in respect of the said vehicles. The undertaking to file affidavit of service, if not already filed, is accepted. The petitions are, accordingly, disposed of. All parties, including the Court Receiver, are directed to act on an ordinary copy of this order, duly authenticated by the Associate of this Court.