1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 530 OF 2009 TATA Capital Ltd. ...Petitioner. Vs. 1.Sonal Jayeshkumar Modi ) ...Respondents. 2.M/s Jaypee Trading Company) 3.Mr Jayeshkumar Modi ) Mr. Rahul Mehta i/b KMC Legal, for the Petitioner. Mr.Amar Mishra, i/b Mustafa Motiwalla, for Respondent Nos.1 to 3. --- CORAM :- ANOOP V. MOHTA, J. DATED :- 5th OCTOBER 2009 ORAL JUDGMENT 1. Leave to amend the petition is granted. Amendment to be carried out forthwith. 2. The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as, the Act), as the Respondents committed default in making payment towards the loan agreement having arbitration clause. 3. The Arbitrator has already been appointed. The Respondents are not attending the same also. 2 4. The Petitioner issued notice on the basis of address available on record. The Respondent avoiding by one way or other, the private, as well as, the Court notice also. Considering the averments made and as it remained uncontroverted and as the case is made out by the Petitioner and as of agreement which are required under Order 40 of Civil Procedure Code, read with Section 9 of the Act, I am inclined to grant prayer clause (b). 5. The Respondent to furnish solvent security to the sum of Rs. 5,27,097/- within a period of eight weeks and or settled the matter. The liberty is granted to raise appropriate plea or defence before the Arbitral Tribunal, if any. 6. The Petition is accordingly allowed in terms of prayer clause (b) with liberty. This order shall continue till the enforcement of the award under Section 36 of the Act. 7. No costs. (ANOOP V. MOHTA, J.)