1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 252 OF 2009 Kotak Mahindra Bank Limited ...Petitioner. Vs. Deepak Mohanlal Surana & Ors. ...Respondents. Mr. Nikhil Mehta i/by Ms.Disha Karambar for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 12TH JUNE, 2009. P.C.- 1. This Court has already passed an order on 22nd April, 2009 in terms of prayer clause (a) except the bracketed portion. Though served, none appeared for the Respondents again. 2. Considering the averments made and as averments remained uncontroverted, it means the amount of Rs.2,98,563.78/- is due and payable by the Respondents, in view of their persistent default in making the installments. Therefore, this is a fit case to pass the order 2 in terms of full prayer clause (a). Accordingly, prayer clause (a) is granted by deleting the word “except bracketed portion” which reads thus:- “(a) Pending the hearing and final disposal of the arbitration proceedings, Court Receiver, High Court, Bombay be appointed as a Receiver under Order XL Rule 1 of C.P.C. 1908 in respect of the vehicle being HEAVY COMMERCIAL VEHICLES BUS TELCO TATA LP 1510 LUXURY BUS BEARING CHASSIS NO. 359281HXYZ719326, BEARING ENGINEE NO. 697D40HXZ888293. The Court Receiver, High Court, Bombay be further directed to handover the said vehicle to the Petitioner with liberty to the Petitioner to dispose off the same by private treaty with further liberty to adjust the sale proceeds towards the dues due to the Petitioner from the Respondents.” 3. Resultantly, the present Petition is allowed in terms of prayer clause (a) with liberty. No order as to costs. (ANOOP V. MOHTA, J.)