M/S. Devdatta P. Shirodkar, A Prop. Concern, Thr. Its Prop. Shri Rajiv K. Shirodkar., v. The Chief Engineer, Western Zone Ii, And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

APPLN. FOR APPOINTMENT OF ARBITRATOR NO. 20 OF M/S. DEVDATTA P. SHIRODKAR, A PROP. CONCERN, THR. ITS PROP. SHRI RAJIV K. SHIRODKAR., ... Applicant

Versus

THE CHIEF ENGINEER, WESTERN ZONE II, AND ANR., ... Respondents Mr. Premanand Anand Kholkar, Advocate for the Applicant. Mr. Mahesh Amonkar, Advocate for the Respondents. Coram:- F. M. REIS, J.

Date:- 10th February, 2017 P.C.:

Heard Mr. P. A. Kholkar, learned Counsel appearing for the Applicant and Mr. Mahesh Amonkar, learned Counsel appearing for the Respondents.

2. This is an application filed under Section 11(6) of the Arbitration and Conciliation Act read with Section 29 of the said Act.

3. This application is essentially to appoint the Arbitrator whose term, according to the applicant, has already lapsed. In such circumstances, in terms of Section 29(A) of the said Act and related provision, the question of filing an application before this

AAR/20/2016 Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 would not arise. The Applicant, if so advised, is at liberty to file appropriate application in accordance with law.

4. Application is disposed of accordingly.

5. All contentions of both the parties on merits are left open. F. M. REIS, J.

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