*1* arbpl.1718.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (Lodging) No.1718 OF 2009 Tata Capital Ltd.. ..Petitioner -Versus- Sunrise Exim India Pvt.Ltd. and another. ..Respondents .......... Mr.Rahul Mehta a/w Mr.Nikhil Mehta i/b KMC Legal Venture, for the Petitioner. Mr.Jafar B. Shaikh, for the Respondents No.1 and 2. .......... CORAM : S.J. VAZIFDAR, J. DATE : 08th September, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 The Petitioner seeks to secure the repayment of the loan granted by it to the Respondents. 3 The learned counsel appearing for the Respondents states that the Petitioner has not furnished the statement of accounts. 4 Affidavit in reply does not even state that any part of the claim has been repaid. It is not event suggested that the principal amount has been repaid. 5 It is stated that the Respondents do not own the properties mentioned in Exhibit-C. The injunction, therefore, I propose to grant would operate in respect of whatever rights, title and interest that the Respondents have in respect of the properties mentioned in Exhibit-C. Needless to add, this order would also operate subject to any other encumbrances that may have been created in the property. *2* arbpl.1718.09.sxw 6 In the circumstances, the Petitioner’s rights require to be protected. The petition is, therefore, made absolute in terms of prayers (c) and (e) except the words bracketed in red. 7 This order shall continue pending the making of an award and in the event it being in favour of the Petitioner, till the enforcement of the award. 8 The Petitioner shall furnish a further copy of the statement of accounts as on 31st August, 2010 to the Respondents’ Advocate within a period of two weeks from today. 9 The petition is, accordingly, disposed of. -