: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.977 OF 2009 L & T Finance Ltd. .. Petitioners v/s. Mr. Laxman Devshi Chavda & Anr. .. Respondents ......... Ms. Shakuntala Joshi for the petitioners None for the respondents ......... CORAM : R.Y.GANOO, J. DATE : 13TH APRIL, 2010. P.C. : 1. Affidavit of service is filed. Perused the same. Respondent no.1 is served. This petition can be taken up for hearing and disposal. The award in regard to the dispute between the petitioners and the respondents is published in terms of the award dated 7th July, 2009 and ad-interim order was passed in terms of prayer clause (d) thereby restraining the respondents from dealing with or parting with possession or creating thirty party rights in respect of equipment described in Exhibit “F”. : 2 : 2. Today, learned advocate Mrs. Joshi prayed for appointment of Court Receiver. She could not explain satisfactorily as to why the award is not put under execution, particularly when clause (c) of the operative part of the award permits the petitioners to take possession of the equipment and even sale it and recover the dues. Needless to mention that the award can be duly executed and as such there is no need to appoint the Court Receiver from today onwards till the award is taken up for execution. 3. In my view, as of today, the interest of the petitioners will get adequately protected If an order of injunction is passed restraining the respondent no.1 from transferring or creating third party rights in regard to the equipment in question. Respondent no.1, the borrower, can be restrained from parting with possession in regard to the equipment covered by the award. Hence, the following order is passed to dispose of the petition. ORDER (i) Pending the execution of the award dated 7th July, 2009, respondent no.1 is hereby restrained from transferring and or creating third party rights in regard to the equipment covered by the award. : 3 : (ii) Similarly, respondent no.1 is restrained from parting with possession in regard to the equipment covered by the award till its execution. (iii) There shall be no order as to costs. [R.Y.GANOO, J.]