*1* arbp.937.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.937 OF 2009 L & T Finance Ltd.. ..Petitioner -Versus- Thakor B. Bhemsingh and others. ..Respondents .......... Mr.Pramod Bhosale i/b Disha Karambar, for the Petitioner. None for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 23rd August, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 The learned counsel appearing on behalf of the Petitioner states that the facts in this matter are similar in those in Arbitration Petition No.44/2010 which has been disposed of by a separate order passed today. 3 For the reasons recorded in the order passed in Arbitration Petition No.44/2010, this petition is disposed of by the following order:- (i) The petition is made absolute in terms of prayer clause (a) except the portion bracketed in red, which finally reads thus:- “(a) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, this Hon’ble Court be pleased to appoint the Court Receiver, High Court, Bombay as a Receiver under Order XL Rule 1 of the Code of Civil Procedure, 1908 (as amended) in respect of 1 No. of Equipment being M & M *2* arbp.937.09.sxw Tractor having Model 475 DI BP bearing Chassis No.RFV 3866, Engine No.RFV 3866 and Registration No.GJ8J7847, more particularly described in Exhibit-F to the petition hereto.” (ii) Liberty to the Court Receiver to apply in the event of any difficulty in taking possession of the vehicle. (iii) Upon taking possession of the vehicle, the Court Receiver shall, in the first instance, appoint the Respondent as an Agent in respect of the said vehicle on usual terms and conditions including as to security and royalty. (iv) In the event of the Respondent refusing to accept agency of the Court Receiver, the Court Receiver shall appoint any third party as an Agent in respect of the said vehicle on the same terms and conditions. (v) Liberty to apply for further reliefs including in respect of those reliefs which have not been granted by this Court, after the Court Receiver takes possession and in the event of the security being inadequate to meet the alleged claims of the Petitioner. All rights and contentions in that regard are kept open. (vi) Till the Court Receiver takes possession of the vehicle, there shall be an order in terms of prayer clause (c) except the words bracketed in red, which finally reads thus:- “(c) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, the Respondent/s, their respective servant/s, agent/s, representative/s and/or any person or persons be restrained by an order and injunction of this Hon’ble Court in any manner disposing of and/or creating third party rights and/or alienating and/or encumbering and/or interfering with the possession *3* arbp.937.09.sxw of the Equipment described in Exhibit-F to the petition;” (vii) The petition is also made absolute in terms of prayer clause (d) except the words bracketed in red. However, at the end of prayer clause (d) the words “without leave of the Court” shall be added. Thus, the prayer clause (d) finally reads as under:- “(d) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, the Respondents and their respective servants and agents be restrained by an order and injunction of this Hon’ble Court in any manner parting with possession and/or creating third party rights and/or alienating and/or encumbering with the properties described in Exhibit-G to the petition, without leave of the Court;” (viii) The costs of the petition shall be the costs in the arbitration proceedings. -