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Bombay High CourtARB/11/2016disposed offdismissed for default

Aurangabad City Water Utility Co. Ltd. Through It S Authorised Signatory Mr. Nitin P. Wangikar v. Aurangabad Municipal Corporation Through It S Commissioner

2016-10-24Hon'Ble Shri Justice T.V. Nalawade2 pages

Arb. Appln. No. 11/2016

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD ARBITRATION APPLICATION NO. 11 OF 2016 AURANGABAD CITY WATER UTILITY CO. LTD.

VS.

AURANGABAD MUNICIPAL CORPORATION ...

Advocate for applicant : R.F. Totala Advocate for respondent : A.S. Bajaj ...

CORAM : T.V. NALAWADE, J.

DATED : 24th October, 2016.

ORDER :

1.

Heard both the sides in Arbitration Application No. 11/2016. Already one Arbitrator is appointed by the contractor and his name is mentioned in the application itself. Today, learned counsel for the Municipal Corporation submitted that the Corporation has proposed one name. He has handed over a letter showing that name. The submissions made show that the Corporation has already terminated the contract. In view of this circumstance, there is no alternative than to appoint the arbitrators as provided in the agreement so that adjudication of the disputes takes place at the earliest possible. 2.

Following two arbitrators are appointed as per the agreement between the parties and the provisions of the

Arb. Appln. No. 11/2016 Arbitration and Conciliation Act. 1996.

Shri. P.S. Ambika, Retd. Chief Engineer, CIDCO is suggested by the contractor.

Shri. S.R. Tambe (Rtd. Secretary PWD) is suggested by the employer, Aurangabad Municipal Corporation.

3.

In those terms, the application is allowed and disposed of.

[ T.V. NALAWADE, J. ] ssc/