1 chs1585-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1585 OF 2009 WITH ARBITRATION PETITION NO.565 OF 2008 Citifinancial Consumer Finance India Ltd. ....Petitioner V/s. Sanjeev S. Agarwal & Anr. ....Respondents Mr.Chinmay Gupte i/b M/s.Mohit Gadkari & Co. for the Petitioner. Ms.Shilpa Kamble i/b M/s.Shukla & Shukla for Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATE : 29TH SEPTEMBER, 2010. P.C. :- 1. The arbitration petition has been filed under section 9 of the Arbitration and Conciliation Act, 1996. 2. The arbitration has commenced. The Petitioner had granted the Respondents a loan. The loan was secured by the mortgage of a flat, particulars whereof are at Exhibit “B”. 3. No affidavit in reply has been filed. An application is made today for time to file a reply. It is stated that Chamber Summons No.1585 of 2009 has been taken out for inspection. That Chamber Summons was taken out after over a year of the filing of the petition. Nothing is stated in the affidavit in support of the Chamber Summons about the liability as such. In other words, the Respondents have not denied having received the financial facility. The Respondents have not alleged that they have 2 chs1585-09 repaid the same. The Petitioner’s contention is that the inspection has been given. Considering the nature of the order I intend passing, it is not necessary to consider this dispute. 4. The Chamber Summons is disposed of by granting the Respondents liberty to make an application for inspection in the arbitration proceedings which have already commenced. 5. I would, normally have appointed a Court Receiver and directed the Court Receiver to appoint the Respondents as his agents. However, as no reply has been filed to the Chamber Summons, I do not intend passing that order at this stage. The arbitration petition is made absolute in terms of prayer (b). The Petitioner is at liberty to make an application for further interim reliefs under section 17 of the said Act, before the learned arbitrator or a fresh application under section 9 of the said Act. The arbitration petition and the chamber summons are accordingly disposed of.