*1* arbp.919.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.919 OF 2009 L & T Finance Ltd.. ..Petitioner -Versus- Rajendra Prasad Yadav and another. ..Respondents .......... Ms.Shakuntala Joshi a/w Ms.Sarika Karnik i/b S.I.Joshi & Company for the Petitioner. None for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 23rd August, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 It is not necessary to deal with the facts in detail as the same have already been set out in the order dated 16.11.2009. By the said order, the Court Receiver was appointed in respect of the said property. The Respondent was absent when the said order was passed. The Respondent is absent today. 3 In the circumstances, the petition is disposed of by the following order:- (i) The Court Receiver, High Court, Bombay is appointed as a Receiver in respect of the vehicle described in prayer clause (a-i) and Exhibit-F of the petition with all powers under Order-XL Rule-1 of the Code of Civil Procedure, 1908. (ii) Liberty to the Court Receiver to apply in the event of any difficulty in taking possession of the vehicle. *2* arbp.919.09.sxw (iii) Upon taking possession of the vehicle, the Court Receiver shall, in the first instance, appoint the Respondent as an Agent in respect of the said vehicle on usual terms and conditions including as to security and royalty. (iv) In the event of the Respondent refusing to accept agency of the Court Receiver, the Court Receiver shall appoint any third party as an Agent in respect of the said vehicle on the same terms and conditions. (v) Liberty to apply for further reliefs including in respect of those reliefs which have not been granted by this Court, after the Court Receiver takes possession and in the event the security being inadequate to meet the alleged claims of the Petitioner. All rights and contentions in that regard are kept open. (vi) Till the Court Receiver takes possession of the vehicle, there shall be an order in terms of prayer clause (d), which reads thus:- “(d) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, the Respondents, their respective servants and agents be restrained by an order and injunction of this Hon’ble Court in any manner dealing with, parting with possession, creating third party rights, alienating and/or encumbering with said Equipment described in Exhibit-F to the petition;” (vii) The petition is also made absolute in terms of prayer clause (b), which reads thus:- “(b) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, this Hon’ble Court be pleased to direct the Respondents to *3* arbp.919.09.sxw disclose the location of the said Equipment on oath to enable the Court Receiver to take possession of the said Equipment;” It is made clear that this prayer clause (b) shall be complied with within two weeks from the date of service of the copy of this order upon the Respondents. (viii) The costs of the petition shall be the costs in the arbitration proceedings. -