1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 243 OF 2009 Kotal Mahindra Bank Ltd. ...Petitioner. Vs. Vijay Rama Nayar & Anr. ...Respondents. Mr. Nikhil Mehta i/by Disha Karambar for the petitioner. None for the respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 19th JUNE, 2009. P.C.- 1. None appeared for the respondents though served. An affidavit of service is also filed. There is no denial to the claim raised by the petitioner. Though this Court by the Order dated 21st April 2009 has granted ad-interim relief in terms of prayer clause (a) except bracketed portion, even after Court notice, no one is appeared. The matter is pending before the Tribunal. Considering the uncontroverted statement, at this stage, it is clear that the respondents are using vehicle without making due payment. The SKT/- 2 case is made out. I am inclined to allow this petition in terms of prayer clause (a) in full by deleting the bracketed portion so put in order dated 21st April 2009 to avoid further damage to the properties and to avoid further complications. 2. However, liberty is granted to theresz respondents to furnish the security to the extent of amount involved and/or get the matter settled. 3. This is made clear that the parties are at liberty to raise their pleas and defences before the arbitral tribunal. 4. The petition is allowed in terms of prayer clause (a) with liberty. No costs. (ANOOP V. MOHTA, J.) SKT/-