1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 597 OF 2009 L & T Finance Limited ...Petitioner. Vs. Mr. Abhay Anantrao Joshi & Anr. ...Respondents. Ms. S.I. Joshi with Mr. Sanjay Anubhavane i/by M/s. S.I. Joshi for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 4th SEPTEMBER, 2009. JUDGMENT- 1 The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the Respondents have made consistent default in making the payment. They have been using the equipments/machineries without payment. 2 Though served, none appeared for the Respondents. There is no denial to the averments made in the Petition. 3 On 17th July, 2009, this Court has already admitted the matter and granted prayer clause (d). Even after the service, non appeared for the Respondents. Considering this and as the averments are uncontroverted till this date and the Petitioner has made out the prima facie case for 2 appointment of Court Receiver and for injunction as contemplated under the law. An affidavit of service is filed on record. 4 In view of this, I am inclined to grant prayer clause (a-i) except the bracketed portion. 5 Therefore, the Petition is allowed in terms of prayer clauses (a-i) and (d). 6 However, the liberty is granted to the Petitioner to take Police assistance, if necessary, and or apply for appropriate order. The liberty is granted to the Respondents to settle the matter and or to secure the amount. I do not deny the right of the Respondents to contest the matter before the Arbitral Tribunal, if constituted, as per the agreement. No costs. (ANOOP V. MOHTA, J.)