1 arbp498.08.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 498 OF 2008 L & T Finance Ltd. ....Petitioner. Vs. Vejanandbhai P. Karetha & Anr. ....Respondents. Ms. Shakuntala Joshi i/b M/s. S.I. Joshi for the Petitioner. None for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 14 th JANUARY, 2011 P.C.: A fresh affidavit of service dated 7th January, 2010 is filed and taken on record. None appeared for the Respondents. The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, as the Respondents in spite of the agreement, failed to make the payment, based upon the Loan-Cum-Hypothecation agreement. The Respondents are using the said vehicle without due payment. The Respondents are not appearing even before the Arbitral Tribunal. 2 arbp498.08.sxw ssm 2 Considering the averments made and as there is no denial to the liability and the due payment as averred, in my view, the Petitioner has made out the case as contemplated under Section 9 read with Order 40 of the Code of Civil Procedure. This Court by order dated 4th December, 2008 already appointed the Court Receiver and noted that the matter to be disposed of finally on returnable date. Respondent has deliberately not appearing and/or avoiding the notices/demands so raised. I am inclined the allow this Petition in terms of prayer clauses (a) and (c). However, the liberty is granted to the Respondents to come forward and make representation to settle the matter. 3 The Petition is accordingly allowed in terms of prayer clauses (a) and (c). No costs. Liberty is granted to the Petitioner to take Police Assistances, if necessary. The Receiver is entitled to take their respective charges/expenses, in accordance with law. (ANOOP V. MOHTA, J.)