1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO. 503 OF 2009 L & T Finance Limited .... Petitioner vs Gurdeshsingh Dhillon & anr. .... Respondents Ms. S.I. Joshi i/b. M/s. S.I. Joshi & Associates for the petitioner. None for the respondents. CORAM: ANOOP V. MOHTA, J. DATE : 14th October, 2009 ORAL JUDGMENT: 1 The petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the respondents have committed various defaults in making the due payments, based upon the Loan-cum-Hypothecation Agreement. The respondents have been using the vehicles without due payments. 2 Though served, none appeared for the respondents. There is no denial to the liability. 3 On 7th July, 2009, this Court has already admitted the matter and granted prayer clause (d). Even after the service, none appeared for the respondents. Considering this and as the averments are uncontroverted till this date and the petitioner has made out the prima facie case for appointment of court Receiver and for injunction as contemplated under the law. An affidavit of service is filed 2 on record. 4 In view of this, I am inclined to grant prayer clause (a-i) except the bracketed portion and confirm the prayer clause (d). 5 Therefore, the petition is allowed in terms of prayers (a-i) and (d). 6 However, the liberty is granted to the petitioner to take police assistance, if necessary, and/or apply for appropriate order. The liberty is granted to the respondents to settle the matter and/or to secure the amount. I do not deny the right of the respondents to contest the matter before the Arbitral Tribunal, if constituted. 7 No costs. (ANOOP V. MOHTA, J.)