1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.322 OF 2009 Manoj Hindocha & anr. ...Petitioners. Vs. Karm Sheel Oberoi & anr. ...Respondents. Ms.Priyanka Vegad i/b. m.K.Ambalal & Co. for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 14th January, 2010. P.C.- 1 The petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as their application under Section 11 of the Act for appointment of an Arbitrator is still pending. 2 Considering the averments and an apprehension was expressed, this Court has on 17th July, 2009 admitted this matter and directed the respondents to comply with the statutory obligations as per the MoU to avoid further complication. At the request of respondents, on 28.08.2009 time was granted for two weeks. However, interim order already granted was continued. Someone appeared on behalf of respondent no.1 on 5.20.2009 and sough time to file affidavit within four weeks and 2 accordingly, time was granted and the matter was kept after six weeks. Again on 16.11.2009 no affidavit in reply was filed and therefore, this Court has granted prayer a(ii) also. The matter was directed to be placed for disposal with clear observation that if the respondents fail to file reply by next date, the petition shall stand disposed of in terms of prayers as prayed. 3 The matter was listed again on 14.12.2009. None appeared for the respondents again. Interim orders already granted remained continued. 4 The matter is listed again today for disposal. None appears for the respondents though served. 5 As recorded an affidavit of service is already filed. 6 The conduct of the respondents in the present matter read with the un-controverted averments made in the petition and an apprehension so raised, that itself substantiates the case of the petitioner to grant the reliefs as prayed in the petition. 7 There is no denial to the averments made including an apprehension so raised, in my view, all elements as contemplated for grant of appointment of Receiver under Order 41 of Code of Civil Procedure read with Section 9 of the Act is made out. Therefore, I am inclined to confirm the interim order already granted in terms of prayer a(ii) and also grant prayers a(i) and (iii). 3 8 The liberty is granted to the respondents to apply for settlement and/or for modification of this order. 9 In the result, the petition is allowed in terms of prayer (a) (i), (ii) and (iii), with liberty. No costs. (ANOOP V. MOHTA, J.)