*1* arbpl.439.10.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (Lodging) No.439 OF 2010 Reliance Capital Ltd.. ..Petitioner V/s Jumana Allasger Attari and others. ..Respondents .......... Mr.Rahul Mehta a/w Mr.Nikhil Mehta i/b KMC Legal Venture, for the Petitioner. None for the Respondents, though served. .......... CORAM : S.J. VAZIFDAR, J. DATE : 08th September, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 The Petitioner seeks orders to secure the amount payable by the Respondents under and in respect of the mortgage loan agreement. Under the agreement, the Petitioner advanced a sum of Rs.57,70,000. As a security for repayment of the loan, the Respondents created equitable mortgage in respect of the properties mentioned in Exhibit-D to the petition. The Respondents having failed to pay the installment as per the agreement, the Petitioner invoked the arbitration clause contained therein. The amount due as of date is over Rs.62 lacs. 3 The Respondents were absent when the ad-interim order was passed. They are absent today. 4 In the circumstances, the petition is disposed of by the following order:- (i) The petition is made absolute in terms of prayer clause (a) *2* arbpl.439.10.sxw except the words bracketed in red. (ii) The Court Receiver shall appoint the Respondents as his agents without security or royalty at this stage. (iii) After taking possession, the Court Receiver shall make a report. The terms and conditions as to security or royalty shall be determined in such report. (iv) Till the Court Receiver takes possession, there shall be an order in terms of prayer clause (c) except the word bracketed in red. (v) This order shall continue pending the making of the award and in the event it being in favour of the Petitioner, till the enforcement of the award. -