1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO.67 OF 2009 Mahindra & Mahindra Financial Services Ltd. .... Petitioner vs Dinesh Narayan Parab & anr. .... Respondents Mrs.Priya Castro for the petitioner. CORAM: ANOOP V. MOHTA, J. DATE : 22nd July, 2009 P.C.: 1 By Order dated 21.11.2008 as the respondent failed to make regular payment, by committing default of 22 instalments and as of today 30 instalments, the Court has granted prayer (c) except bracketed portion, thereby appointed the Receiver. The submission is that inspite of service, the respondent is not appearing. In fact, he has refused the service even of the court notice. Therefore, it is clear that the averments made in the petition have remained uncontroverted and as the respondents avoiding to appear and not even responding to produce the vehicle and as whereabouts of the vehicle is not known, in my view, a case is made out to grant relief in terms of prayer (d) also. Having once granted prayer (d), I see there is nothing survives to keep this petition pending. 2 The petition is accordingly allowed in terms of prayers (b), (c) and (d) with liberty. No costs. (ANOOP V. MOHTA, J.)