1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 958 OF 2009 L & T Finance Limited incorporated under the provisions of The Companies Act, 1956, having its 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. Vs. 1. Mr.A.Shanmugam S/o. Annamalai Chettiar (Borrower), at Room No. 39, Shankar Nagar, R.C.Marg, Opposite Dena Bank, Chembur, Mumbai – 400 074. 2. Mr.A.Bhaskar, Sole Proprietor of M/s. Annamalai Bulk Carriers, (Guarantor), having his address at 204, 2nd Floor, Building no. C/4, Nilgiri Garden, Section 24, CBD Belapur, Navi Mumbai – 400 03. Also at : No. 30/1/1/ and 29/1/1, Shankar Deval, Shankar Nagar, R.C.Marg, Chembur, Mumbai – 400 074. ...Respondents. .... 2 Ms. S.I. Joshi i/by M/s. S.I. Joshi for the Petitioner. None for the Respondents. .... CORAM :- ANOOP V. MOHTA, J. DATED :- 12th OCTOBER, 2009. ORAL JUDGMENT- 1. The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the Respondents have made consistent default in making the payment. They have been using the vehicles without payment. 2. Though served, none appeared for the Respondents. There is no denial to the averments made in the Petition. 3. On 17th September, 2009, this Court has already admitted the matter and granted prayer clause (d). Even after the service, none appeared for the Respondents. Considering this and as the averments are uncontroverted till this date and the Petitioner has made out the prima facie case for appointment of Court Receiver and for injunction as contemplated under the law. An affidavit of service is filed on record. 4. In view of this, I am inclined to grant prayer clause (a-i) except the bracketed portion and confirmed the prayer clause (d). 3 5. Therefore, the Petition is allowed in terms of prayer clauses (a-i) and (d). 6. However, the liberty is granted to the Petitioner to take Police assistance, if necessary, and or apply for appropriate order. The liberty is granted to the Respondents to settle the matter and or to secure the amount. I do not deny the right of the Respondents to contest the matter before the Arbitral Tribunal, if constituted, as per the agreement. No costs. (ANOOP V. MOHTA, J.)