1 arbp1028-11g vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1028 OF 2011 L & T Finance Limited ....Petitioner V/s. Gokul Pati Mandal & Anr. ...Respondents WITH ARBITRATION PETITION NO.1029 OF 2011 L & T Finance Limited ....Petitioner V/s. Nabakumar G. Samanta & Anr. ...Respondents WITH ARBITRATION PETITION NO.1030 OF 2011 L & T Finance Limited ....Petitioner V/s. Sanjukta K. Maharana & Anr. ...Respondents WITH ARBITRATION PETITION NO.1031 OF 2011 L & T Finance Limited ....Petitioner V/s. Yadav & Co. & Anr. ...Respondents WITH ARBITRATION PETITION NO.1032 OF 2011 L & T Finance Limited ....Petitioner V/s. Gulam H. Khan & Anr. ...Respondents WITH 2 arbp1028-11g ARBITRATION PETITION NO.1033 OF 2011 L & T Finance Limited ....Petitioner V/s. Suraj Kumar Gupta & Anr. ...Respondents WITH ARBITRATION PETITION NO.1034 OF 2011 L & T Finance Limited ....Petitioner V/s. Kailash Chandra D. Pradhan & Anr. ...Respondents WITH ARBITRATION PETITION NO.1035 OF 2011 L & T Finance Limited ....Petitioner V/s. Shashikant Singh & Anr. ...Respondents WITH ARBITRATION PETITION (LODGING) NO.1242 OF 2011 L & T Finance Limited ....Petitioner V/s. Satyendra R. Yada & Anr. ...Respondents WITH ARBITRATION PETITION (LODGING) NO.1244 OF 2011 L & T Finance Limited ....Petitioner V/s. Sarada Prasad Dalai & Anr. ...Respondents WITH ARBITRATION PETITION (LODGING) NO.1246 OF 2011 L & T Finance Limited ....Petitioner V/s. Sk.Sadek M. Shaikh & Anr. ...Respondents 3 arbp1028-11g WITH ARBITRATION PETITION (LODGING) NO.1249 OF 2011 L & T Finance Limited ....Petitioner V/s. Sanjay T. Saw & Anr. ...Respondents WITH ARBITRATION PETITION (LODGING) NO.1251 OF 2011 L & T Finance Limited ....Petitioner V/s. Sk.Mafijul S. Rahaman & Anr. ...Respondents WITH ARBITRATION PETITION (LODGING) NO.1254 OF 2011 L & T Finance Limited ....Petitioner V/s. Prasenjit B. Gupta & Ors. ...Respondents Ms.Disha Karambar for the Petitioner. None for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 19TH 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 4 arbp1028-11g 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, 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.