1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 370 OF 2009 L & T Finance Ltd.. ...Petitioner. Vs. Chamanlal Bansilal Ode & Anr.. ...Respondents. --- Mrs. Shakuntala Joshi i/b S.I. Joshi & Co., for the Petitioner. --- CORAM :- ANOOP V. MOHTA, J. DATED :- 5th OCTOBER 2009 P.C.- 1. None appeared for the respondents though served. Affidavit of service is placed on record. 2. The petitioner has invoked Section 9 of the Arbitration & Conciliation Act, 1996 as the respondents, in spite of agreement, failed to make the payment, based upon the Loan-cum-Hypothecation Agreement. 3. Considering the averments made and as there is no denial to the same, the fact remains that the respondents are defaulters. All the elements as contemplated under Order 40 Rule of Code of Civil Procedure (CPC) are available. In view of this, this court has already granted interim protection 2 in terms of prayer (c) on 9th June, 2009 which needs to be confirmed. 4. None appears for the respondents though served twice by private as well as court notice. 5. Resultantly, the petition is allowed in terms of prayers (a) and (c). No costs. 6. Liberty is granted to the respondents to raise appropriate plea or defence before the Arbitral Tribunal. 7. Liberty is granted to the petitioner to take police assistance, if necessary. The Petition is accordingly stands disposed of. (ANOOP V. MOHTA, J.)