1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 974 OF 2009 L and T Finance Ltd. … Petitioner. Versus P Samynathan & Anr. .… Respondents. Ms. Sarika Karnik & S.I. Joshi & Co. for the Petitioner. CORAM: V.M.KANADE, J. DATED: 3RD MARCH, 2010. P.C. Heard the learned Counsel appearing on behalf of the Petitioner. She has filed an affidavit of service dated 13th November, 2009. Inspite of service of notice, none appears on behalf of the Respondents before this court. By order dated 5th October, 1991, ad-Interim relief was granted by this court in terms of prayer clause (d). Since the Respondents have not appeared before this court, the averments made in the petition are not controverted. The Petitioner is therefore, entitled to get further interim protection in terms of prayer clause (a-i) and (a-ii) which read as under: a-i) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is 2 enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, Court Receiver, High Court, Bombay be appointed as a Receiver under Order XL Rule 1 of C.P.C. in respect of 2 Nos. of Equipments being 1 No. of Tractor being make of Massey Ferguson Tafe having Model MF 241 (42 HP) bearing Engine No. S 3251 IB 06741 and Chassis No. 385509-083/2007 and Registration No. TN 29 AB 7321 and 1 No. of Two Wheeler Trailer, more particularly described in Exhibit “E” to the Petition hereto, with a direction to take possession of the said Equipments without giving notice of their visit to the Respondents and for that purpose, this Hon’ble Court be pleased to direct the Concerned Police Station to render Police Assistance for the purpose of taking possession of the said Equipments and hand it over to the Petitioner and Petitioner be allowed to sale the same by private treaty the said Equipments; a-ii) Pending the hearing and final disposal of the arbitration proceedings or at any time after the 3 making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act 1996, the Court Receiver be allowed to take forcible possession of the said Equipments with the help of police assistance by breaking open the seals and/or locks of whatsoever nature or by whomsoever put on the premises where the said Equipments are lying: 2 Petition is accordingly allowed in the aforesaid terms and it is disposed of. Liberty to apply. (V.M. KANADE, J.)