This ordinance allowed an arbitration petition for interim security against respondents who failed to pay installments, as they did not appear despite being served. The court granted liberty to settle or furnish security.
Petition allowed; liberty granted to settle or furnish security; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 352 OF 2009
Citicorp Finance (India) Ltd.
...Petitioner.
Vs.
M/s. Shrinath Earth Movers & Anr.
...Respondents.
Mr.V. Mannadiar i/by M/s. Mannadiar & Co. for the Petitioner. None for the Respondents.
CORAM :- ANOOP V. MOHTA, J. DATED :- 24th AUGUST, 2009.
P.C.-
1 None appeared for the Respondents, though served twice. The Petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act). The Respondents failed to make the due payment/ installments. Considering the averments made and as the same remained uncontroverted and as this Court has already admitted the matter on 3rd August, 2009 and as none appeared for the Respondents though served and as the case is made out for grant of interim relief as contemplated under Section 9 read with Order XL of the Code of Civil Procedure (for short, CPC), I am inclined to allow this Petition in terms of prayer clauses (b) and (c).
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2 The liberty is granted to the Respondents to settled the matter and or furnish the security to the extent of amount claimed. I do not deny the rights of the Respondents to contest the matter on merits before the Arbitral Tribunal.
(ANOOP V. MOHTA, J.)
2 issues framed by the court
Whether to grant interim relief under Section 9 read with Order XL CPC in absence of respondent.
Whether to allow a petition for interim security against unpaid installments.
2 provisions across 2 enactments
Citicorp Finance (India) Ltd.
M/s. Shrinath Earth Movers & Anr.
Anoop V. Motta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
