Raj Kishore Dash v. Lotus Refineries Pvt. Ltd.

71-arbap53-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.53 OF 2015 Raj K. Dash ...Applicant V/s.

Lotus Refineries Pvt. Ltd.

...Respondent

Mr.G.C. Mohanty i/b Mohanty & Associates for the Applicant. None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 14TH OCTOBER, 2015.

P.C. :- 1.

Learned counsel appearing for the applicant states that the respondent has been served in the month of March, 2015 and undertakes to file affidavit of service within one week from today. The undertaking is accepted.

2.

By this application filed under section 11(6) of the Arbitration & Conciliation Act, 1996 the applicant seeks appointment of an arbitrator and has invoked arbitration agreement recorded in clause 23 of the Agreement dated 1st July, 2012. The notice for appointment of an arbitrator was issued on 29th September, 2015, which was duly received by the respondent. There was no response to the said notice. This application filed under section 11(6) of the 1/2

71-arbap53-15 Arbitration & Conciliation Act, 1996 is thus maintainable. A perusal of the agreement annexed at Exhibit "A" of 1st July, 2012 indicates that the arbitration agreement between the parties exists. 3.

Ms.Asha Bhambwani, Advocate having her address at C/o Room No.39, Second Floor, High Court Law Library, Mumbai is appointed as a sole arbitrator.

4.

The arbitration application is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2