1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 395 OF 2009 Ardeshir B. Cursetjee & Sons Ltd. ...Petitioners. Vs. Independent Truck Company Pvt. Ltd. ...Respondent. Mr. Gautam Ankhad with Tushar P Gujjar i/b Ashwin Ankhad for the Petitioners. None for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 14th SEPTEMBER, 2009. JUDGMENT: 1 The petitioner has filed this petition under section 9 of the Arbitration and Conciliation Act (in short ‘the Act’) as respondent in-spite of repeated communications, defaulted in making payments, based upon the agreement. The vehicle is in possession of the respondent and has been using the same without making payments. 2 This court on 15th June, 2009, therefore, granted prayer clause (a). None appeared for the respondent though served twice. This court on 10th August, 2009, also granted prayer clause (b). Affidavit of service is already filed on record. 3 Considering the fact that the averments made in the petition remained uncontroverted and as the elements as contemplated under 2 Order 40 read with 39 of Code of Civil Procedure are available and as the Arbitration is already inacted. I am inclined to grant prayer clause (a) and (b) finally. 4 It is made clear that pursuance to clause 14 of the agreement, this court has exclusive jurisdiction, to try and entertain the matter. 5 In the Result the petition allowed in terms of prayer clause (a) and (b). No order as to costs. (ANOOP V. MOHTA, J.)