1 26 arbp.1011.10,30.1146,31.1146.10..sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION skt ARBITRATION PETITION NO. 1010 OF 2010 AND ARBITRATION PETITION NO. 1146 OF 2010 AND ARBITRATION PETITION NO. 1147 OF 2010 Kotak Mahindra Prime Ltd. ... Petitioner (in all matters) Vs. Charampal J. Kohli (1010/10) Bhoir Jayashree Arun (1146/10) Vaa Exports Pvt. Ltd. (1147/10) ... Respondents (in respective matters) ...... Mr.Prasad Das i/by Goenka Law Associates for the Petitioner. None for the Respondents. ...... CORAM : S.J. VAZIFDAR, J. DATE : OCTOBER 11th, 2010. P.C. 1 These are the petitions under Section 9 of the Arbitration and Conciliation Act, 1996. 2 The Respondents have been absent throughout. The Petitioner granted the Respondents loan against the hypothecation of the vehicles. 2 26 arbp.1011.10,30.1146,31.1146.10..sxw The loan amounts have not been repaid fully. The Petitioners rights, therefore, require protection. 3 In these circumstances, the petitions are disposed of by the following order : (i) The petitions are made absolute in terms of prayers (c) & (d). (ii) The Court Receiver shall, in the first instance, appoint the Respondents in each petition, as an agent in respect of the said vehicles on usual terms and conditions including as to security and royalty. (iii) In the event of any Respondent refusing to accept agency of the Court Receiver, the Court Receiver shall appoint any third party as an agent in respect thereof on the same terms and conditions. In that event, the Respondents shall be at liberty to bid for the agency. -