- 1 - 33.arbp.236.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 236 OF 2011 TATA Capital Ltd. ..Petitioner -Versus- R Star Diamonds & Ors. ..Respondents .......... Mr.Rahul Mehta a/w. Mr.Nikhil Mehta i/b KMC Legal Venture for the Petitioner. Mrs.Y.Y. Naik for Respondent Nos. 2 & 3. .......... CORAM : S.J. VAZIFDAR, J. DATE : 2ND MAY 2011. P.C. 1 This is petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 The learned counsel appearing on behalf of the Respondents does not deny the fact that Respondent No.1 and its partner namely Respondent Nos.2 and 3 executed the loan agreement. She however contended that the loan agreement was executed by the firm by the name of ‘RT Star Diamonds’ and not by the name ‘R Star Diamonds’ as stated in the title of - 2 - 33.arbp.236.11 the agreement. This is an inadvertent typographical error. The Petitioner is, therefore, at liberty to amend the petition by correcting the name of Respondent No.1 in the title and else where, if necessary. Amendment to be carried out forthwith. 3 There is no defence to the Petitioner’s claim which today exceeds Rs.15 lacs. The amount in excess of almost Rs.15 lacs is due and payable by the Respondents as per the loan-cum-hypothecation agreement. The learned counsel appearing on behalf of the Respondents states that the property for which the interim reliefs are sought is no longer in existence and that the petition contains a wrong reference. 4 The Respondents issued cheques towards repayment of the loan. The cheques were dishonoured on presentation. There is no valid explanation and justification for the same. 5 In the circumstances, the petition is made absolute in terms of prayer (d). 6 The order, however, is restricted to the immovable property of the Respondents. Liberty to the Respondents to apply for having the order modified or vacated after filing the affidavit. The affidavit shall be filed on - 3 - 33.arbp.236.11 or before 10th June 2011. It is clarified that the injunction shall operate as of today. In the event of the Respondents depositing an amount of Rs.15 lacs in Court, the above order shall stand vacated. No orders as to costs. -