1 arbp707-10g IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.707 OF 2010 Kotak Mahindra Prime Ltd. ....Petitioner V/s. Pravin M. Gajeralwar ....Respondent WITH ARBITRATION PETITION NO.709 OF 2010 Kotak Mahindra Prime Ltd. ....Petitioner V/s. Vilasrao D. Shengde ....Respondent WITH ARBITRATION PETITION NO.710 OF 2010 Kotak Mahindra Prime Ltd. ....Petitioner V/s. Liyakat A. Shaikh ....Respondent WITH ARBITRATION PETITION NO.711 OF 2010 Kotak Mahindra Prime Ltd. ....Petitioner V/s. Surinder S. Sodhi ....Respondent WITH ARBITRATION PETITION NO.712 OF 2010 Kotak Mahindra Prime Ltd. ....Petitioner V/s. Darshan M. Shah ....Respondent WITH ARBITRATION PETITION NO.713 OF 2010 Kotak Mahindra Prime Ltd. ....Petitioner V/s. Anand S.J. Oberoi ....Respondent Mr.Prasad Das with Mr.Amol Arote i/b M/s.Goenka law Associates for the Petitioner. 2 arbp707-10g None for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 15TH NOVEMBER, 2010. P.C. :- 1. These are the petitions under section 9 of the Arbitration and Conciliation Act, 1996. 2. According to the petitioner, various amounts are due and payable by the respondents in the petitions under personal loan cum guarantee agreements entered into between the parties. The respondents have been absent throughout. They are absent today. There is no affidavit in reply. 3. The petitioners’ dues are secured by hypothecation of vehicles in respect whereof interim orders are sought. 4 (i). In the circumstances, the above petitions are made absolute in terms of prayer (c). Till the Court Receiver takes possession, order in terms of prayer (d). (ii) Liberty to the Court Receiver to apply in the event of any difficulty in taking possession of the vehicle. (iii) Upon taking possession of the vehicle, the Court Receiver shall, in the first instance, appoint the Respondents as an agents in respect of the said vehicles on usual terms and conditions including as to security and royalty. (iv) In the event of the Respondents refusing to accept agency of the Court Receiver, the Court Receiver shall appoint any third party as an 3 arbp707-10g agents in respect of the said vehicle on the same terms and conditions. (v) Liberty to apply for further reliefs including in respect of those reliefs which have not been granted by this Court, after the Court Receiver takes possession and in the event of the security being inadequate to meet the alleged claims of the Petitioner. All rights and contentions in that regard are kept open.