*1* arbp.209.273.10.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.209 OF 2010 AND ARBITRATION PETITION NO.273 OF 2010 Indusind Bank Ltd.. ..Petitioner in both matters -Versus- Subin Baby Samuel and another. (209/10) Ebin Baby Samuel and another. (273/10) ..Respondents .......... Mr.Amol B. Desai for the Petitioner. Mr.Ruchir Tolat i/b L.C.Tolat for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 23rd August, 2010. P.C. 1 These are the petitions under Section 9 of the Arbitration & Conciliation Act, 1996. 2 The disputes pertain to the Petitioner’s claims under the two loan agreements dated 07.11.2006 under each of the agreements the Petitioner advanced a sum of Rs.8,50,000/- to the Respondents for purchase of vehicles. 3 According to the Petitioner, even at the time of filing of the petitions, a sum of Rs.2,61,623/- and Rs.2,63,187/- were due and payable by the Respondents to the Petitioner. Further after the petitions were filed an amount of Rs.4,26,625/- was paid by the Respondents to the Petitioner. According to the Petitioner, balance due is about Rs.5,34,000/-. 4 According to the Respondents, above payment was towards full and final satisfaction of the dues. *2* arbp.209.273.10.sxw 5 In the facts of this case, the ends of justice would be met by accepting the Respondents’ statement that the payments have been made from time to time and only a small portion is now disputed. 6 In the circumstances, the petitions are disposed of by the following order:- (i) Pending the hearing and final disposal of the arbitration proceedings and in the event of an Award being passed, till the enforcement thereof, the Respondents undertake not to dispose of, alienate, encumber, part with possession or create any third party rights, title and interest in respect of the said vehicles. (ii) The undertaking is accepted. (iii) There shall be no order as to costs. -