Maharashtra Shetkari Sugar Ltd. Through It S Chairman And Managing Director, Abhijeet U. Deshmukh v. M/S Mojj Engineering Systems Ltd., Through It S Director

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 914 ARBITRATION APPLICATION NO.3 OF 2018 MAHARASHTRA SHETKARI SUGAR LTD.

VERSUS

M/S MOJJ ENGINEERING SYSTEMS LTD.

...

Advocate for Applicants : Shri Mohekar Ganesh V. AGP for Respondents 1 & 2 : Shri Yadav (Lonikar) S.R. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: February 01, 2019 ...

PER COURT :- 1.

Despite service of Court notice effected in May 2018 and though the matter is adjourned on several occasions, learned Advocate for the respondent has remained absent.

2.

The applicant submits that since the dispute between the parties is subject matter of an arbitral award, a retired Judge of the High Court could be appointed as a sole arbitrator.

3.

I have perused Articles 10 and 12 of the last agreement applicable, between the parties, which provides for referring the dispute to an arbitrator.

4.

In view of the above, this application is allowed. Shri Justice P. V. Hardas (Retired Judge of the Bombay High Court) is appointed as an akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- ARBITRATION APPLICATION NO.3 OF 2018 Arbitrator. Both the parties shall equally share the charges of the Arbitrator. The parties are at liberty to independently contact the learned Arbitrator for settling the terms of the arbitration. 5.

Registry shall process the papers for placing them before the learned Arbitrator, within three weeks from today and the processing charges shall be Rs.5,000/- which the applicant shall deposit in the Registry within one week from today.

( RAVINDRA V. GHUGE, J. ) ...

akl/d