Arbpl789.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 789 OF 2009 Mr. Motilal Oswal Securities Ltd. ...Petitioner. Vs. Sarin M. Homavazir ...Respondent. Mr. Sudhan Y. Amare for the Petitioner. None for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 20th JANUARY, 2010. P.C.- 1 The Petitioner has invoked Section of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act). The Court, therefore, based upon the averments made, on 20th August, 2009 granted prayer clause (c) and issued notice and therefore, on 5th November, 2009 admitted the Petition and made returnable also. 2 Though served twice, none appeared for the Respondent till this date. As there is Arbitration clause and Arbitration is pending and as there is no denial to the averments made, at this stage, I am inclined to confirm prayer clause (c), pending the final decision of the Arbitration Proceeding Arbpl789.09 2 and/or the award attains the finality. However, the liberty is also granted to the Petitioner to take appropriate plea/ defence before the Arbitral Tribunal or other reliefs, as contemplated under Section 17. 3 The Petition is, accordingly disposed of in terms of prayer clause (c), with liberty to apply for appropriate order directions, if necessary. No order as to costs. (ANOOP V. MOHTA, J.)