Ndm 1 arbpl.48.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 48 OF 2009 Mahindra and Mahindra Financial Services Limited. ... PETITIONERS Vs. Vitthal Mallappa Dhodenour and anr. ... RESPONDENTS ------ Ms. Raji Radhakrishnan i/b India Law Alliance for the Petitioner. ------ CORAM : ANOOP V. MOHTA, J. DATE : 21st August, 2009. P.C. 1 The Petitioners have invoked Section 9 of the Arbitration and Conciliation Act, as respondent committed default in making payment though agreed. The Respondents using the vehicles without making due payment. This Court on 05 th May, 2009 has already granted prayer clause (e) and made notice returnable. Though served, none appeared for the respondents. The private notice is duly served on earlier occasion and now the court notice also. 2 In view of the averments so made in the petition it remains uncontroverted. Therefore, in my view, the case is made out by the petitioner for the relief in terms of prayer clause (e). Ndm 2 arbpl.48.09.sxw 3 Having once granted prayer clause (e), there is nothing survive in this matter, therefore, the petition is allowed in terms of prayer clause (e). However, liberty is granted to the respondents to settle the matter and to furnish the security. I do not deny to the respondents to take appropriate defence before the Arbitral Tribunal, if constituted. 4 The petition is accordingly allowed with liberty. [ ANOOP V. MOHTA, J ]