1 arbp290-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.290 OF 2011 Reliance Capital Limited ....Petitioner V/s. Narayan Changu Patil & Anr. ....Respondents Mr.Rahul Mehta with Mr.Nikhil Mehta i/b KMC Legal Venture for the Petitioner. None for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 25TH APRIL, 2011. P.C. :- 1. This is a petition under section 9 of the Arbitration and Conciliation Act, 1996. 2. Respondent Nos.1(a), 1(b) and 1(c) are the same persons but with different addresses. Respondent Nos.2(a), 2(b) and 2(c) are also the same persons but with different addresses. Respondent Nos.1 and 2 are the borrower and guarantor respectively. Prima-facie the amounts are due and payable under the loan cum hypothecation agreement entered into between the parties. The repayment thereof is secured by hypothecation of the vehicle. The respondents are absent. No affidavit in reply has been filed. The respondents were absent even when the ad-interim order dated 30.3.3011 was passed. 3. In the circumstances, the petition is disposed of by the 2 arbp290-11 following order :- i). The petition is made absolute in terms of prayer (a) except the words bracketed in red. ii). The Court Receiver shall appoint the respondents as his agent of the vehicle on the usual terms and conditions including as to security and royalty. iii). In the event of the respondents refusing to accept the agency of the Court Receiver, the petitioner is at liberty to apply for further orders including for the sale of the vehicle and/or appointment of any other party as an agent of the Court Receiver. iv). Till the Court Receiver takes possession, order in terms of prayer (c) except the words “dealing” bracketed in red. No order as to costs.