1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 352 OF 2009 Citicorp Finance (India) Ltd. ...Petitioner. Vs. M/s. Shrinath Earth Movers & Anr. ...Respondents. Mr.V. Mannadiar i/by M/s. Mannadiar & Co. for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 24th AUGUST, 2009. P.C.- 1 None appeared for the Respondents, though served twice. The Petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act). The Respondents failed to make the due payment/ installments. Considering the averments made and as the same remained uncontroverted and as this Court has already admitted the matter on 3rd August, 2009 and as none appeared for the Respondents though served and as the case is made out for grant of interim relief as contemplated under Section 9 read with Order XL of the Code of Civil Procedure (for short, CPC), I am inclined to allow this Petition in terms of prayer clauses (b) and (c). 2 2 The liberty is granted to the Respondents to settled the matter and or furnish the security to the extent of amount claimed. I do not deny the rights of the Respondents to contest the matter on merits before the Arbitral Tribunal. 3 The Petition is accordingly allowed in terms of prayer clauses (b) and (c). No order as to costs. (ANOOP V. MOHTA, J.)