skt/- 1 arbp.1297.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 1297 OF 2009 Kotak Mahindra Prime Ltd. a company incorporated under the Companies Act, 1956, and having its registered office at 36-38 A, Nariman Bhavan, 227, Nariman Point, Mumbai 400 021. ... Petitioner Vs. Pereira Peter Anthony ... Respondent ...... Mr.Santosh Pawar i/by Goenka Law Associates for the petitioner. None the the respondent. ...... CORAM : ANOOP V. MOHTA, J. DATE : 9th DECEMBER, 2009. P.C. :- The matter is on final hearing board. 1. The petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act'), as the respondent committed defaults in due payment towards the loan agreement. Though served, none appeared for the respondent. Affidavit of service is on record. skt/- 2 arbp.1297.09.sxw 2. Considering the averments made and as there is no denial to the same and as the relevant ingredients are available to grant the relief. I am inclined to consider the case of the petitioner. This Court, on 1st October 2009, has already granted an ad-interim relief in terms of prayer clause (d), in respect of item No.1 only, thereby restrained the respondent to create third party rights, title or interest in the property mentioned at Exhibit "D". In view of this, I am inclined to confirm this order as prayed. 3. The liberty is already granted to the respondent to settle the matter and / or furnish the appropriate security to the satisfaction of the petitioner and to raise plea or defence before the Arbitral Tribunal, if any. 4. The petition is accordingly allowed in terms of prayer clause (d) to the above extent only, with liberty to the respondent to apply for modification of this order. 5. No order as to costs. [ ANOOP V. MOHTA, J ]