304mca81.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application No. 81 of 2011 (M/s Indorama Synthetix India Ltd. vs. HRK Infra and Oils and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha, J. Date : 30/04/2011. Heard Mr.Shyam Dewani, Counsel for the applicant and Mr.A.M.Rizwy, Counsel for the respondents. Misc. Civil Application No.81 of 2011 is filed by the applicant u/s. 15 of the Arbitration and Conciliation Act, 1996 for substitution and appointment of an arbitrator to settle the dispute between the parties. It is brought to the notice of this Court that, vide order dt.16.7.2010, by exercising power u/s. 11(6) of the Arbitration Act, Justice R.G.Deshpande (retired) was appointed by this Court as an arbitrator since, at the relevant time, both the parties agreed to appoint him as an arbitrator. However, at a latter point of time, the respondents had some reservations about payment of fees of the arbitrator and therefore, the arbitration proceedings could 304mca81.11.odt 2 . not proceed further. Now the applicant as well as the respondents have suggested the name of Justice C.L.Pangarkar (retired) to be appointed as an arbitrator to settle the dispute between them and therefore, they have requested this Court to exercise power u/s. 15(b) of the Arbitration Act. In the backdrop of the above referred facts and as per the provisions of Section 15 (b) of the Arbitration and Conciliation Act, 1996 and as suggested by the parties, I appoint Justice C.L.Pangarkar (retired) as an arbitrator to settle the dispute between the parties in place of Justice R.G.Deshpande (retired). Mr.A.M.Rizwy, Counsel for the respondents has submitted that his clients are ready and willing to pay the arbitration fees to the tune of Rs.15,000/- per sitting. Similar statement is made by Mr.Shyam Dewani, Counsel for the applicant. It is nodoubt true that, so far as payment of the arbitration fee is concerned, it is for the Arbitrator to settle the same. However, since earlier the arbitration proceedings could not proceed further because the respondents had some reservations about the quantum of arbitration fees, I feel it appropriate to mention the fees to be paid to the arbitrator as suggested by the parties. 304mca81.11.odt 3 . The respondents to pay the process fee of Rs.3,000/- within one week. Mr.Rizwy, Counsel for the respondents has submitted that the respondents will abide by the statement made in the pursis. Mr.Rizwy, Counsel for the respondents seeks permission to file pursis in the Office during the course of the day. Permission is granted. With these observations, the Misc. Civil Application is disposed of. JUDGE jais