Ms.Sarojini Da Costa. v. M/S. Aditya Developers And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

APPLN. FOR APPOINTMENT OF ARBITRATOR NO. 5 OF 2016 MS.SAROJINI DA COSTA.

... Applicant

Versus

M/S. ADITYA DEVELOPERS AND 4 ORS., ... Respondents Mr. Cleofato Garrett Almeida Coutinho, Advocate for the applicant. None for the respondent, though served.

Coram:- F. M. REIS, J.

Date:- 6th May, 2016 P.C.:

Heard Mr. C.A. Coutinho, learned Counsel appearing for the applicant. None for the respondent, though served.

2. This is an application for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

3. Upon hearing the learned Counsel appearing for the applicant, the fact that there is an arbitration clause in the subject agreement cannot be disputed. The dispute apparently has arisen between the parties in connection with such agreement. The arbitration clause covers the dispute sought to be raised by the applicant. In such circumstances, the applicant is entitled for appointment of an arbitrator.

AAR/5/2016

4. In view of the above, I pass the following : O R D E R :

(I) Shri M.S. Keny, Retired City Civil Judge, Mumbai, having Office at Aquem, Margao, Goa is hereby appointed as the Sole Arbitrator to adjudicate the dispute between the parties. (II) All contentions of both the parties, on merits, are left open. (III) The application stands disposed of accordingly. F. M. REIS, J.

ssm.