1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 351 OF 2009 Citicorp Finance (India) Ltd. ...Petitioner. Vs. Shivaji Namdeo Gherde & Anr. ...Respondents. Mr. V. Mannadiar i/by M/s. Mannadiar & Co. for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 3rd AUGUST, 2009. P.C.- 1 None appeared for the Respondents, though served. This Court already on 8th June, 2009 has granted prayer clause (c). The statement is made by the learned counsel appearing for the Petitioner that no one is also appeared again for the Respondents. The Petitioner also facing this problem before the Arbitral Tribunal. Considering the averments made and in view of the fact that Respondent is using the earthmoving equipments without making payments and in view of the above development and as the case is made out, I am inclined to grant and confirm this prayer clause (c) till the execution/ enforcement. However, the liberty is granted to the Respondent to secure the amount and or to settle the matter. 2 2 In view of this, there is nothing survives in this Petition. The Petition is accordingly allowed in terms of prayer clause (c) with liberty. (ANOOP V. MOHTA, J.)