1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 156 OF 2009 Kotak Mahindra Bank Limited ...Petitioner. Vs. Indrapal Narayan Bhoir & Ors. ...Respondents. Mr. Nikhil Mehta i/by Ms.Disha Karambar for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 12TH JUNE, 2009. P.C.- 1. None present for the Respondents, though served. This Court has already granted prayer clause (g) and prayer clause (a) except bracketed portion. 2. Considering the averments made and as it remained uncontroverted, clear case is made out that Respondents have defaulted in payment as agreed. Therefore, as prima faice case is made out, I am inclined to grant full prayer clause (a) by deleting the 2 word “ except bracketed portion” as ordered earlier. Prayer clause (a) reads as under:- “(a) Pending the hearing and final disposal of the Arbitration proceedings, the Court Receiver, High Court, Bombay be appointed as a Receiver under Order XL Rule 1 of C.P.C. 1908 in respect of the vehicle being this Hon’ble Court be pleased to direct the Respondents to surrender the said vehicle CHEVROLET TAVERA. The Court Receiver, High Court, Bombay be further directed to handover the said vehicle to the Petitioner with liberty to the Petitioner to dispose off the same by private treaty with further liberty to adjust the sale proceeds towards the dues due to the Petitioner from the Respondents.” 3. Resultantly, the present Petition is allowed in terms of prayer clause (a) with liberty including to furnish the security and or to settle the matter. No order as to costs. (ANOOP V. MOHTA, J.)