1 arbp978.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 978 OF 2009 L & T Finance Limited ....Petitioner. Vs. Mr. Ashok Mohite & Anr. ....Respondents. Ms. Shakuntala Joshi i/by M/s. S.I. Joshi & Co. for the Petitioner. Mr. Anup N. Deshmukh for Respondent No.1. CORAM : ANOOP V. MOHTA, J. DATE : 23rd December, 2010 P.C.: This Court has already admitted this matter on 5th October, 2009 and granted relief in terms of prayer clause (c) basically in view of averments so made as remained intact and as the substantial amount remained to be unpaid. The learned counsel appearing for Respondent No.1, taken the court through the documents and averments, yet prima facie in view of controversy on record and as there is no dispute to the agreement in question, in my view, the Petitioner has made out a case as contemplated under Section 9 of the Arbitration and Conciliation Act, 1996. 2 arbp978.09.sxw ssm 2 None appeared for Respondent No.2 3 In view of this, the present Petition is allowed in terms of prayer clause (a). However, it will be in respect of property of Respondent No.1 only. There shall be no order as to costs. 4 The parties are at liberty to settle the matter at any stage including before the Arbitrator as the proceedings are pending. (ANOOP V. MOHTA, J.)