1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 969 OF 2009 L and T Finance Ltd. … Petitioner. Versus Datta s/o Dhanu Chavan & Anr. .… Respondents. Ms. Sarika Karnik i/b S.I. Joshi & co. for the Petitioner. CORAM: V.M.KANADE, J. DATED: 3RD MARCH, 2010. P.C. 1 Heard the Learned Counsel appearing on behalf of the Petitioner. Affidavit of service has been filed dated 15th October, 2009. Inspite of writ service, Respondents have not appeared before this Court. Interim order was granted by this Court by order dated 17th September, 2009 in terms of prayer clause (c). Since no reply is filed, the averments made in the petition are not controverted. The Petitioner is therefore, entitled to get further interim protection. The petition is accordingly allowed in terms of prayer clauses (a-i) and (a-ii) which read as under: a-i) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is 2 enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, Court Receiver, High Court, Bombay be appointed as a Receiver under Order XL Rule 1 of C.P.C. in respect of 2 Nos. of Equipments being 1 No. of Tractor having Make of Swaraj bearing Model 855 FX (55 HP) bearing Engine No. QYCF51606409303 along with 1 No. of 4 Wheeler Trailer bearing Chassis No.SEW 6005, more particularly described in Exhibit “F” to the Petition hereto, with a direction to take possession of the said Equipments without giving notice of their visit to the Respondents and for that purpose, this Hon’ble Court be pleased to direct the Concerned Police Station to render Police Assistance for the purpose of taking possession of the said Equipments and hand it over to the Petitioner and Petitioner be allowed to sale the same by private treaty the said Equipments; a-ii) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is 3 enforced in accordance with Section 36 of the Arbitration and Conciliation Act 1996, the Court Receiver be allowed to take forcible possession of the said Equipments with the help of police assistance by breaking open the seals and/or locks of whatsoever nature or by whomsoever put on the premises where the said Equipments are lying: 2 Petition is accordingly disposed of in the aforesaid terms. Liberty to apply. (V.M. KANADE, J.)