1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 749 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. Javed Afsar Shaikh (Borrower), having his address at village Post Kurduwadi, Tq. Madha, Dist. Solapur, Maharashtra -413 211. 2 Mr. Afsar Naval Shaikh (Co-Borrower), having his address at village Kurduwadi, Tq. Madha, Dist. Solapur, Maharashtra -413 211. 3 Mr. Dhananjay Shreepati Bhosale (Guarantor), having his address at 2 village Kurduwadi, Tq. Madha, Dist. Solapur, Maharashtra -413 211. ...Respondents. Ms. S.I. Joshi i/by M/s. S.I. Joshi for the Petitioner. None for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 9th 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 equipments/machineries without payment. 2 Though served, none appeared for the Respondents. There is no denial to the averments made in the Petition. 3 On 7th 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.)