Star India Private Limited v. Navjot Singh Sidhu

kvm 1/2 106-ARBAP132.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 132 OF 2015 Star India Private Limited ..... Applicant

VERSUS

Navjot Singh Sidhu ..... Respondent Mr.D.J.Khambatta, Senior Advocate, a/w. Mr.Gautam Ankhad, Mr.Sanjay Kadam, Ms.Apeksha Sharma, Mr.Sanjeel Kadam, i/b. Kadam & Co. for the Applicant. None for the Respondent.

CORAM :

R.D. DHANUKA, J.

DATED :

22nd JULY, 2015 P.C.

Learned senior counsel appearing for the applicant tenders affidavit of service which indicates that the respondent has been served. None appeared for the respondent though served.

2.

By this application filed under section 11(6) of the Arbitration and Conciliation Act, the applicant seeks appointment of an arbitrator by invoking arbitration agreement recorded in agreement dated 23rd October, 2013 read with novation agreement dated 4th November, 2013.

3.

Dispute arose between the parties. The applicant vide their advocate's notice dated 18th March, 2015 invoked the arbitration agreement and suggested the name of a retired judge of Supreme Court to act as the sole arbitrator. The respondent however did not respond to the said notice and even did not suggest any name.

kvm 2/2 106-ARBAP132.15 4.

In my view arbitration agreement exist between the parties. Since the respondent has not nominated any arbitrator within 30 days from the date of receipt of the said notice, present application filed under section 11(6) of the Arbitration and Conciliation Act is maintainable. 5.

Mr.Zal Andhyarujina, advocate is appointed as the sole arbitrator. 6.

Learned arbitrator is requested to dispose off the arbitral proceedings expeditiously.

7.

Arbitration application is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]