1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION (L) NO.671 OF 2009 L & T Finance Ltd. ] Registered Office at L & T House ] Ballard Estate, ] Mumbai 400 001 and ] Corporate Office at ] 3B, Laxmi Towers, C-25, ] ‘G’ Block, Bandra Kurla Complex, ] Bandra (East), Mumbai 400 051. ] .. Petitioner V/s. Suresh Vinayak Kolte ] Residing at “Purander Bunglow” ] At Post – Pisarve, ] Taluka – Purander, District – Pune. ] .. Respondent Ms.S.I.Joshi i/b.S.I.Joshi & Co. for the petitioner. None for the Respondent. CORAM: ANOOP V. MOHTA, J. DATE : 23rd September, 2009 P.C.: The petitioner has invoked section 9 of the Arbitration and 2 Conciliation Act, 1996 (hereinafter referred as the Act, in short) as Respondent failed in paying installments. 2. Affidavit of service placed on record. 3. None appeared for Respondent again. 4. Considering the fact that there is no denial to the averments so raised and also the liability and as the elements are available to grant leave under section 9 read with order XL Rule 1 and order XXXIX of Civil Procedure Code, I am inclined to allow this petition in terms of prayer clauses ‘a-i’ except bracketed portion and ‘d’. This Court has already granted prayer clause ‘d’ by order dated 3rd August, 2009. 5. Resultantly, the petition is allowed in terms of prayer clauses ‘a-i’ except bracketed portion and ‘d’ , with liberty to take police assistance, if necessary. 6. I do not deny the rights of Respondent to raise appropriate plea or defence. I also do not deny the rights of the Respondent to 3 settle the matter. 7. No costs. (ANOOP V. MOHTA, J.)