1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 966 OF 2009 Kotak Mahindra Bank Ltd., a banking company incorporated within the meaning of the Banking Regulation Act,1949, having its registered office at 36 -38A, Nariman Bhavan, 227, Nariman Point, Mumbai -400 021 and branch offices at 2nd Floor, Dani Corporate Park, 158, CST Road, Kalina, Santacruz-East, Mumbai-400 098 and Vinay Bhavya Complex, 5th Floor, 159-A, C.S.T. Road, Kalina, Santacurz-East, Mumbai. ...Petitioner. Vs. Meetaben Anandbhai Mehta & Anr. ...Respondents. Mr. Rahul Mehta i/by Ms. Disha Karambar for the Petitioner. None for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 27th NOVEMBER, 2009. ORAL JUDGMENT:- 1 The Petitioner has invoked Section 9 of the Arbitration and 2 Conciliation Act, 1996 (for short, the Act) as the Respondent has committed defaults in making due payment towards the loan as per the agreement. Though served, none appeared for the Respondents. Affidavit of service is filed on record. 2 There is no denial or reply to the liability as well as to the averments so raised in the Petition. The Respondents are using the vehicles without due payment. This Court has already granted ad-interim relief in terms of prayer clause (e). In view of this, as all the elements as contemplated under Order 40 Rule 1 of the Code of Civil Procedure (CPC) have been made out, I am inclined to grant prayer clause (a) and confirm prayer clause (e) already granted. 3 However, the liberty is already granted to the Respondents to settle the matter and/or furnish the appropriate security to the satisfaction of the Petitioner and to raise plea or defence before the Arbitral Tribunal, if constituted. The liberty is also granted to the Respondents to apply for appropriate order. 4 The Petition is, therefore, allowed in terms of prayer clauses (a) and (e) to the extent of vehicle only. 5 No order as to costs. (ANOOP V. MOHTA, J.)