1 chs79.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 79 OF 2011 IN ARBITRATION PETITION NO. 359 OF 2009 L & T Finance Limited ....Petitioner. Vs. M/s. Arihant Marbles & Ors. ....Respondents. Ms. Shakuntala Joshi i/by M/s. S.I. Joshi & Co. for the Petitioner. Mr. R.S. Kelaskar representative of the Court Receiver is present. CORAM : ANOOP V. MOHTA, J. DATE : 11th FEBRUARY, 2011 P.C.: While disposing of the Petition under Section 9 of the Arbitration and Conciliation Act, 1996, as there was no denial to the basic averments made, this Court has appointed the Court Receiver of the hypothecated equipments referred in the agreement with the powers under XL Rule 1 of the CPC. As per the minutes of the meeting of the Court Receiver, the Respondents are not ready to act as an agent of the Court Receiver. The equipments are in possession of the Petitioners, as an agent of the Court Receiver, since then. 2 chs79.11.sxw ssm 2 The Chamber summons is served. None appeared for the Respondents. Xerox copy of the affidavit of service is filed on record. The learned counsel appearing for the Petitioner undertakes to file original affidavit of service within a week. 3 In view of the averments made and as there is no contest, the Chamber summons is allowed in terms of prayer clauses (a), (b) and (c), subject to payment of necessary charges, expenses and costs incurred by the Receiver. No costs. (ANOOP V. MOHTA, J.)