1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 375 OF 2009 L & T Finance Limited ...Petitioner. Vs. Ropa Plastics Pvt. Ltd. ...Respondents. Ms. Shakuntala Joshi i/by M/s. S.I. Joshi & Co. for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 16TH JUNE, 2009. P.C.- 1. The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act,1996 (for short, “the Act”) on the basic averments that the Respondents are liable to pay Rs.26,06,242/- (Rupees twenty six lacs six thousand two hundred forty two only) towards the installments arising out of the loan-cum-hypothecation agreement between the parties. The Respondents are using the plant and machineries without making due payments. 2 2. The averments so made in the Petition remained uncontroverted till this date. Though served privately, prior to and after the interim order dated 28th April, 2009 passed, none appeared for the Respondents. Affidavit of service dated 6th May, 2009 is filed accordingly. 3. In view of the above uncontroverted position on record and as the case is made out, I am inclined to grant prayer clause (a) at this stage though the matter is pending before the Arbitral Tribunal as the case is made out and to avoid further damage to the properties and to avoid complications. The injunction order, as already granted, shall also continue. 4. Resultantly, the Petition is allowed in terms of prayer clause (a) with liberty to furnish security of the said amount and or to settle the matter. It is made clear that it is a prima facie observations on the uncontroverted position on record. The Petition is, therefore, allowed in terms of prayer clause (a) with liberty. No order as to costs. (ANOOP V. MOHTA, J.)