1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. ARBITRATION APPLICATION NO.5 OF 2009 M/s Techno Consultants Rushabh Pustakalaya, 1st Floor, Fulwala Chowk, Agra Road, Dhule, Through its authorized representative Sunil Balkrishna Mundada ..APPLICANT VERSUS Maharashtra Rural Road Development Association (Govt. of Maharashtra) Through Executive Engineer, Zilla Parishad Works Division, P.I. Unit, P.M.G.S.Y. Dhule ..RESPONDENT Mr Anjana P. Shah, Advocate for the applicant; Mr B.R. Survase, Advocate for the respondent. CORAM : P.V. HARDAS, J DATE : 16th July, 2010 ORAL ORDER : In this matter by order of this Court dated 4th December, 2009 Honourable Mr Justice A.S. Bhate (retired) came to be nominated/appointed by this Court as the Sole Arbitrator with a direction that one Mr M.K. Ostwal, retired Executive Engineer, as suggested by 2 the respondent would be the person who would assist the Sole Arbitrator in the process of arbitration insofar as technical matters are concerned. Thereafter the Arbitrator appointed by the Court intimated to the Court his inability to act as the Arbitrator. Consequently this matter is listed afresh before me for appointment of an Arbitrator. 2. Learned Counsel for the applicant/petitioner had suggested the names of three Arbitrators and the learned Counsel for the parties unanimously agree that Shri M.G. Dharap, Chief Engineer (retired), Public Works Department, "Amit", 16, Raghukul Housing Society, Karve Nagar, Pune should be appointed as an Arbitrator. 3. Accordingly I appoint Shri M.G. Dharap, Chief Engineer (retired), Public Works Department to be the sole Arbitrator. The fees and the costs of the arbitration shall be borne equally by both the parties. The parties to settle the terms of Arbitrator in respect of fees, etc. Arbitration Petition No.5 of 2009 is accordingly disposed of. No order as to costs. ( P.V.HARDAS, J.) amj/aa5.09