1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO.486 OF 2009 Citi Corp Finance India Ltd., a Company incorporated under the Companies Act, 1956, having its Regisxtered office at Citi Centre, 5th Floor, Plot No.C/61, Bandra, Kurla Complex, G Block, Bandra (E), Mumbai 400 051 .... Petitioner vs 1 Shree Tirupati Balaji Earthmovers A sole propriety concern of Shri Maruti Bhoir, having address at Jimmy Park-1, Room No.15, Sector 17, Nerul, Navi Mumbai 400 706 2 Rajesh Bhoir, having address at Jimmy Park-1, Room No.15, Sector 17, Nerul, Navi Mumbai 400 706 .... Respondents Ms. S. P. Bharti for the petitioner. CORAM: ANOOP V. MOHTA, J. DATE : 30th September, 2009 ORAL JUDGMENT: 1 The petitioner has invoked Section 9 of the Arbitration & Conciliation Act, 1996 (for short, the Act), as the respondents, inspite of repeated reminders and demand, failed to make the due payments as per the agreement. 2 None appears for the respondents. The respondents are served by private notice. Affidavit of service is placed on record. 3 Therefore, considering the fact that there is no denial to the averments so 2 raised and, therefore, the averments with regard to the apprehension also remained un-controverted. In my view, all elements as required under Order 40, Rule 1 of Code of Civil Procedure (CPC) read with Section 9 of the Act are available and as the respondents are using the vehicle without due payments, I am inclined to allow this petition in terms of prayer (a) and confirm the prayer (d) as already granted. 4 However, liberty is granted to the respondents to settle the matter and/or furnish the security to the satisfaction of the petitioner. The liberty is also granted to the respondents to raise appropriate plea or defence before the Tribunal, if so constituted. 5 The petition is accordingly allowed in terms of prayers (a) and (d) with liberty. No costs. (ANOOP V. MOHTA, J.)