1 41.arbpl.1198.10== skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO.1198 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1199 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1200 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1201 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1202 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1203 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1204 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1205 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1242 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1243 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1244 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1245 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1248 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1249 OF 2010 AND ARBITRATION PETITION (LODGING) NO.1251 OF 2010 L & T Finance Ltd. ....Petitioner (in all matters) V/s. S.K.Construction (arbpl/1198 /2010) Vishal Earth Movers & 2 41.arbpl.1198.10== & Anr. (arbpl/1199/2010) & (arbpl.1204/2010) Merubhai K. havda & Alabhai P. Ambaliya (arbpl/1200/2010) Laxmisri Constructions (arbpl/1201/2010) Renuka Construction & Anr. (arbpl/1202/2010) Hanmantrao B. Chavare (arbpl/1203/2010) Ujwal Excavators & Ors. (arbpl/1205/2010) Rauf H. Sayyad & Anr. (arbpl/1242/2010) Modh.Abdul Muqtadir & Anr. (arbpl/1243/2010) Rajesh Shukla & Anr. (arbpl/1244/2010) & (arbpl/1251/2010) Pravin Lole & Anr. (arbpl/1245/2010) Subhash Vithal Gajre & Anr. (arbpl/1248/2010) Pravin Kumar Khanna & Anr. (arbpl/1249/2010) ....Respondents (in respective matters) ...... Ms.Preeti Menon i/by India Law for the Petitioner. None for the Respondents. ...... CORAM : S.J. VAZIFDAR, J. DATE : 20 th DECEMBER, 2010. P.C. :- 1 These are the petitions under section 9 of the Arbitration and Conciliation Act, 1996. 3 41.arbpl.1198.10== 2 According to the Petitioner, various amounts are due and payable by the Respondents in respect of the loan-cum-hypothecation agreement entered into between the Petitioner and Respondent No.1 in all the petitions. Respondent No.2 in all the petitions are the guarantor. The assets in respect whereof interim orders are sought were hypothecated in favour of the Petitioner. 3 The Respondents are absent. There is no affidavit-in-reply in all the above matters. In the circumstances, the petitions are disposed of by following order : (i) The petitions are made absolute in terms of prayer (a) except the words bracketed in red. (ii) The petitions are also made absolute in terms of prayer (b). Prayer (b) shall be complied with in writing to the Petitioner’s advocate and to the Court Receiver within two weeks after a copy of this order being served upon the Respondents by the Petitioner. (iii) Till the Court Receiver takes possession, interim order in terms of prayer (c) except the words bracketed in red. (iv) Upon taking possession of the vehicles, the Court Receiver shall, in the first instance, appoint the 4 41.arbpl.1198.10== respective Respondents as agents in respect of the assets on the usual terms and conditions including as to security and royalty. (v) In the event of the Respondents’ not accepting the agency of the Court Receiver, the Court Receiver shall appoint any third party as an agent in respect of the assets on the same terms and conditions. In that event the respective Respondents shall be entitled to bid for the agency of the Court Receiver. 4 The undertaking to file affidavit of service, if not already filed, within two weeks from today is accepted. -