- 1 - 9.arbp.985.11 grp skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 985 OF 2011 L & T Finance Limited ..Petitioner -Versus- Ram Thami & Anr. ..Respondents AND ARBITRATION PETITION NO. 986 OF 2011 L & T Finance Limited ..Petitioner -Versus- Durgesh Nandan Giri & Anr. ..Respondents AND ARBITRATION PETITION NO. 987 OF 2011 L & T Finance Limited ..Petitioner -Versus- Dushmanta Behera & Anr. ..Respondents AND ARBITRATION PETITION NO. 988 OF 2011 L & T Finance Limited ..Petitioner -Versus- Ajay Paul & Anr. ..Respondents AND ARBITRATION PETITION NO. 989 OF 2011 L & T Finance Limited ..Petitioner -Versus- Rajib S. K. & Anr. ..Respondents AND ARBITRATION PETITION NO. 990 OF 2011 L & T Finance Limited ..Petitioner -Versus- Tapan Kumar Mandal & Anr. ..Respondents - 2 - 9.arbp.985.11 grp AND ARBITRATION PETITION (L) NO. 1194 OF 2011 L & T Finance Limited ..Petitioner -Versus- Sukur Ali Mondal & Anr. ..Respondents AND ARBITRATION PETITION (L) NO. 1195 OF 2011 L & T Finance Limited ..Petitioner -Versus- Kumar Sujay & Anr. ..Respondents AND ARBITRATION PETITION (L) NO. 1196 OF 2011 L & T Finance Limited ..Petitioner -Versus- Anil Kumar Rana & Anr. ..Respondents AND ARBITRATION PETITION (L) NO. 1197 OF 2011 L & T Finance Limited ..Petitioner -Versus- Abhimanyu Rout & Anr. ..Respondents AND ARBITRATION PETITION (L) NO. 1207 OF 2011 L & T Finance Limited ..Petitioner -Versus- Abhinay Kumar Mishra & Anr. ..Respondents AND ARBITRATION PETITION (L) NO. 1211 OF 2011 L & T Finance Limited ..Petitioner -Versus- Ashok Kumar Biswal & Anr. ..Respondents .......... - 3 - 9.arbp.985.11 grp Ms. Disha Karambar for the Petitioner. None for the Respondent/s. .......... CORAM : S.J. VAZIFDAR, J. DATE : 5TH DECEMBER 2011. P.C. 1 These are petitions under section 9 of the Arbitration & Conciliation Act, 1996. 2 Prima facie, amounts are due and payable under the loan- cum- hypothecation agreements entered into between the petitioners and respondent No.1. The dues are secured by the hypothecation of the vehicles in each case. The repayment is also guaranteed by the other respondents in each case. 3 The respondents are absent, though served. They were absent when the ad-interim orders were passed. There is no affidavit in reply. 4 In the circumstances, it is necessary to safeguard the petitioners’ claim. The above petitions are, therefore, made absolute in terms of prayer (a), except the words bracketed in red. The Court Receiver shall, however, appoint the respondents as his agents on the usual terms and conditions, - 4 - 9.arbp.985.11 grp including as to security and royalty. In the event of the respondents failing to accept the agency, the Court Receiver shall appoint any third party as the agents on the same terms and conditions without further order. Till the Receiver takes possession, the respondents are restrained from disposing of, alienating, encumbering or creating any third party rights in respect of the said vehicles. The undertaking to file affidavit of service, if not already filed, is accepted. The petitions are, accordingly, disposed of. All parties, including the Court Receiver, are directed to act on an ordinary copy of this order, duly authenticated by the Associate of this Court. -