1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 534 OF 2009 Citicorp Finance (I) Ltd. ...Petitioner. Vs. Anil V.Naik & Anr. ...Respondents. Ms.S.I.Joshi with Mr.Sanjay Anubhavane i/b.S.I.Joshi & Co. for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 7th SEPTEMBER, 2009. P.C.- The petition is invoked section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act), as Respondents committed default in making payment of due installment, though agreed. Though served twice, by private as well as Court notice, none appeared for them. Therefore, considering the averments made, and as the Respondents have been using the machinery/vehicle without making due payment of Rs. 20,41,408.82, a case is made out for direction/interim order pending the Arbitration proceeding. The Arbitration proceeding is going on. The Respondents have appeared before the Tribunal. 2 2. In view of the averments made, I am inclined to grant prayer clause ‘a-i’ except bracketed portion and confirm prayer clause ‘d’ which this Court has already granted. The Respondents are also granted opportunity and to furnish solvent security to the satisfaction to the petitioner and or to settle the matter. 3. I do not deny the rights of the Respondents to raise defence/pleas before the Tribunal. The petition is accordingly allowed in terms of prayer clause ‘a-i’ and ‘d’ with liberty. 4. No costs. (ANOOP V. MOHTA, J.)