ARBPLOD1332-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION LOD.NO.1332 OF 2010 L & T Finance Ltd. .. Petitioner Versus M/s.Sharad Tiwari & Associates & Anr. .. Respondents WITH ARBITRATION PETITION LOD.NO.1333 OF 2010 L & T Finance Ltd. .. Petitioner Versus M/s.Patil Construction & Anr. .. Respondents WITH ARBITRATION PETITION LOD.NO.1334 OF 2010 L & T Finance Ltd. .. Petitioner Versus M/s.Sanjay Vinayakrao Kand & Anr. .. Respondents WITH ARBITRATION PETITION LOD.NO.1335 of 2010 L & T Finance Ltd. .. Petitioner Versus M/s.Chavan Earthmovers & Anr. .. Respondents WITH ARBITRATION PETITION LOD.NO.1336 OF 2010 L & T Finance Ltd. .. Petitioner Versus Nitin Shahajirao Jadhav & Anr. .. Respondents Ms.Disha Karambar for petitioner ARBPLOD1332-10 2 CORAM: S.C.DHARMADHIKARI, J. DATED: 31st January 2011 P.C. 1] Heard learned Advocate for petitioner. From the endorsement on the affidavit of service, it is apparent that the service is complete. There is no affidavit in reply. Learned Advocate states that none of the statements, averments and allegations in the petition have been denied or disputed. The execution of document is admitted so also the quantum of sum advanced as loan. Further, the vehicles have not been produced for inspection, although defaults were committed and the borrower and guarantor were called upon to do so. 2] In such circumstances, it is just and convenient that Court Receiver, High Court, Bombay be appointed as Receiver of these vehicles in question which are described more particularly in prayer clause (a) of this petition. 3] Accordingly, in addition to the ad-interim order being made absolute, this petition is allowed by appointing Court Receiver, High Court Bombay as Receiver of the subject vehicles with all powers under Order 40 Rule 1 of Code of Civil Procedure, 1908, including to take forcible possession of the vehicles with the assistance of Police Authorities. Thereafter, the borrower may be appointed as Agent of the Court Receiver on such terms and conditions including payment of royalty/ security which shall be determined on the basis of this loan cum hypothecation agreement. Petition disposed of accordingly. No costs. All concerned to act on ARBPLOD1332-10 3 authenticated copy of this order. (S.C.DHARMADHIKARI, J.)