- 1 - 15 arbpl.974, 975.1116 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 974 OF 2011 WITH ARBITRATION PETITION (L) NO. 975 OF 2011 Shriram Equipment Finance Co. Ltd. ..Petitioner -Versus- Pratham Crane Services & Anr. ..Respondents .......... Ms. Disha Karambar for the Petitioner. None for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 5TH DECEMBER 2011. P.C. 1 These are petitions under Section 9 of the Arbitration and Conciliation Act, 1996. 2 According to the petitioner, a sum of over Rs.24,00,000/- and over Rs.41,55,000/- are due and payable by the respondents in the above petitions respectively in respect of loan-cum-hypothecation agreements entered into between the parties. Respondent no. 2 in both the petitions is the guarantor. - 2 - 15 arbpl.974, 975.1116 3 By an ad-interim order dated 7th September 2011, the Court Receiver was appointed. The Court Receiver has filed a report dated 29th November 2011. From the report it appears that 1st respondent had stated that the vehicle is not with him and that he refused to reveal any further information about the location of the vehicle. The ad-interim order required the respondents to disclose the exact location of the equipment/vehicle and to give inspection of the same forthwith. Prima-facie therefore, the respondents are guilty of having committed breach of the ad-interim order dated 7th September 2011. 2 In the circumstances, the petitions are made absolute in terms of prayer (a). it is clarified that the portion bracketed in red in the ad-interim order will also operate by this order. Till the Court Receiver takes possession order in terms of prayer (b). There shall also be an order in terms of prayers (c) and (f). Prayer (c) shall be complied with within one week of the respondents being served with a copy of this order. The respondents are put to notice that in the event of their not complying with this order, the Court may issue notice calling upon them to show cause why action for contempt of Court ought not be taken against them. All parties are directed to act on an ordinary copy of this order, duly authenticated by the Associate of this Court. -