1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 968 OF 2009 L and T Finance Ltd. … Petitioner. Versus J.K. Perumal & Anr. .… Respondents. Ms. Sarika Karnik i/b S.I. Joshi & Co. for the Petitioner. CORAM: V.M.KANADE, J. DATED: 3RD MARCH, 2010. P.C. 1 Heard the Learned Counsel appearing on behalf of the Petitioner. None appears on behalf of the Respondents though they are served. Affidavit of service has been filed dated 10th November, 2009. By order dated 24th September, 2009, this court was pleased to grant ad-interim relief in terms of prayer clause (d). Inspite of service, none appears on behalf of the Respondents and, therefore, the averments made in the petition are not controverted. The Petitioner is, therefore, entitled to get further interim protection in terms of prayer clause (a-i) and (a-ii) which read as under: a-i) Pending the hearing and final disposal of the arbitration proceedings or at any time after the making of the Arbitral Award but before it is 2 enforced in accordance with Section 36 of the Arbitration and Conciliation Act, 1996, Court Receiver, High Court, Bombay be appointed as a Receiver under Order XL Rule 1 of C.P.C. in respect of 2 Nos. of Equipments being 1 No. of Tractor having Make of Swaraj, Model 744 FE 48 HP bearing Chassis No. QYTM40608107058, Engine No.431022/SHL2962 and Registration No. TN24C3434 and 1 No. of Trailer bearing Chassis No. SVT/254/JVN/2007, more particularly described in Exhibit “F” to the Petition hereto, with a direction to take possession of the said Equipments without giving notice of their visit to the Respondents and for that purpose, this Hon’ble Court be pleased to direct the Concerned Police Station to render Police Assistance for the purpose of taking possession of the said Equipments and hand it over to the Petitioner and Petitioner be allowed to sale the same by private treaty the said Equipments; a-ii) Pending the hearing and final disposal of the arbitration proceedings or at any time after the 3 making of the Arbitral Award but before it is enforced in accordance with Section 36 of the Arbitration and Conciliation Act 1996, the Court Receiver be allowed to take forcible possession of the said Equipments with the help of police assistance by breaking open the seals and/or locks of whatsoever nature or by whomsoever put on the premises where the said Equipments are lying: 2 Petition is accordingly allowed and disposed of in the aforesaid terms. Liberty to apply. (V.M. KANADE, J.)