1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO.368 OF 2009 L & T. Finance Ltd. .... Petitioner vs M/s.Transwell Cargo Movers & anr. .... Respondents Mrs.Shakuntala Joshi i/b.S.I.Joshi & Co. for the petitioner. CORAM: ANOOP V. MOHTA, J. DATE : 29th July, 2009 P.C.: 1 None for the respondents. 2 Affidavit of service dated 29th June, 2009 is taken on record. The court notice also returned with no endorsement. The submission is that the premises were found locked. The respondents, by all means, are avoiding the service. 3 As per the averments, the amount is due to the tune of more than Rs.56 lacs. Therefore, considering this and the fact that there is persistent defaults in making the payment as per the agreement, which provides for arbitration clause, I see case is made out by the petitioner to grant reliefs as prayed. All the ingredients as contemplated under Order 40, Rule 1 read with Order 38 of Code of Civil Procedure are available. 4 Therefore, considering the scope and purpose of Section 9 of the Arbitration Act and as there is an arbitration clause, I am inclined to grant the 2 reliefs in terms of prayers (a) and (d). This Court has already granted prayer (c). Having once granted the prayers (a), (c) and (d), there is nothing survives in this petition. The petition is accordingly disposed of /allowed in terms of prayers (a), (c) and (d) with liberty. 5 It is made clear that this court is not denying the right of respondents to raise appropriate defence/pleas before the Tribunal and also to settle the matter. (ANOOP V. MOHTA, J.)