1 ARBP39.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 39 OF 2010 M/s. Manoj Construction Company ... Petitioner Vs 1. The Chairman, APMC Nasik & Anr. ... Respondents Mr. Pranav Sampat with Toni Sachdevani i/b Vikas R. Hukmani for the Petitioner. Ms. Aarati Bhide for the Respondent No.1. Mr. Sanjeev Sawant with M.S. Gunjan Shah for the Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATED : 30TH SEPTEMBER , 2010. P.C. : 1. This is a petition under section 11 of the Arbitration & Conciliation Act, 1996. 2. The parties admittedly entered into a construction contract. Clause 34 thereof contains an arbitration agreement. The Petitioner was required, under clause 34, to first have the disputes referred to the 2 ARBP39.10.sxw Architect. The Petitioner did so by a notice dated 12th January, 2004. This notice was withdrawn on 29th January, 2004. The construction work was completed ultimately on or about 30th January, 2004. The final bill was prepared on 7th February, 2006. 3. Thereafter, a fresh notice dated 25th May, 2006 was issued to the Respondent No.1 and the Architect-Respondent No.2. No decision has been taken by the Respondents on this notice. 4. The arbitration clause has, therefore, been validly invoked. The arbitration clause requires the appointment of a sole arbitrator being a fellow of the Indian Institute of Architects to be agreed upon between the parties, failing which, each party is entitled to appoint an arbitrator. The arbitrators are then to appoint a Presiding Arbitrator. However, both the learned counsel state that they prefer to have the disputes referred to a sole arbitrator keeping in mind the costs and convenience involved. 5. The petition is, therefore, disposed of by appointing Sanjeev Yashwantrao Patil, an Architect, who is a fellow of the Indian Institute 3 ARBP39.10.sxw of Architects, as the sole arbitrator. Needless to add that the arbitrator shall decide the venue and proceed with the reference. 6. The Arbitration Petition, accordingly, stands disposed of.