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Bombay High CourtMCA/1071/2014admittedallwdgrantedrule absolute

Shri Mahesh S/O Vijay Deshmukh v. Shri Yadhneshwar S/O Gangadhar Anwane

2015-01-16Hon'Ble Shri Justice Ravi K. Deshpande2 pages

1601mca1071.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Misc. Civil Application (Arbitration) No.1071 of 2014 (Shri Mahesh s/o Vijay Deshmukh v. Shri Yadhneshwar s/o Gangadhar Anwane) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.R. Prasad, Advocate for Applicant.

Shri P.S. Khubalkar, Advocate for Non-Applicant. Coram : R.K. Deshpande, J.

th January, 2015 Dated : 16 The existence of an arbitration clause in the agreement between the parties is not disputed. The mode of appointment of Arbitrator, as contemplated by clause 32 of the agreement of sale, has failed and, therefore, in terms of Section 10(2) of the Arbitration and Conciliation Act, the learned counsels appearing for the parties submit that the appointment of the sole Arbitrator is required to be made by this Court.

Both the learned counsels suggest the name of Shri K.J. Rohee, Retired High Court Judge, for being appointed as the Arbitrator to settle the disputes between the parties. Hence, Shri K.J. Rohee is appointed as the Arbitrator to settle the disputes between the parties.

The applicant to pay the process fee, as required.

1601mca1071.14.odt The Misc. Civil Application stands disposed of. Judge.

Lanjewar