skt/- arbp.865.09.sxw ..1.. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 865 OF 2009 Indusind Bank Ltd. ...Petitioner. Vs. Asif Mir Sayeed & Anr. ...Respondents. ..... Mr.Amol B. Desai for the petitioner. None for the respondents. ..... CORAM :- ANOOP V. MOHTA, J. DATED :- 8th JANUARY, 2010. P.C.- 1. The affidavit of service is filed. Both the respondents have refused to claim the notice. The vehicle is being in possession of respondent no.1 since the date of agreement. There is no denial to the defaults as well as liability so raised/claimed. 2. Considering the averments made, this Court has already granted ad- interim relief in terms of prayer clause (c) with liberty. None appeared for respondents. Therefore, the averments made in the petition remained uncontraverted. The respondents are enjoying the possession of the vehicle without making the due payments. The skt/- arbp.865.09.sxw ..2.. petitioner is, therefore, entitled for interim relief in terms of prayer clause (a) except the bracketed portion. The prayer clause (c) granted earlier is confirmed. The liberty is granted to both the parties to settle the matter and/or for modification of the order. 3. The petition is, therefore, allowed in terms of prayer clauses (a) and (c) with liberty. No costs. (ANOOP V. MOHTA, J.)