1 arp49-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.49 OF 2009 Smt.Usha P. Lele & Ors. ....Petitioners V/s. Shree Ramji Mandir Trust ....Respondent Mr.Deepak Chitnis i/b M/s.Deepak Chitnis – Chiparikar & Co. for the Petitioner. Mr.Kiran Kulkarni with Ms.leena Sathe for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2010. P.C. :- 1. This is a petition under section 11 of the Arbitration and Conciliation Act, 1996 for the re-appointment of the arbitrator which has already been appointed. 2. The learned arbitrator, a former Judge of this Court, and former Chief Justice of Hon’ble Andhra Pradesh High Court was appointed as a sole arbitrator. The matter proceeded before the learned arbitrator. The learned arbitrator by a detailed order dated 11.12.2008 resigned with immediate effect as an arbitrator in view of the manner in which the Petitioners were proceeding with the arbitration. 3. Thereafter the Petitioners made an application to the learned arbitrator for withdrawing the resignation. The learned arbitrator by a further order dated 4.8.2009 agreed on merits that there was satisfactory 2 arp49-09 explanation for the previous conduct of the Petitioners. The learned arbitrator also observed that looking to all the facts and circumstances of the case, it will be in the interest of justice to continue with the arbitration. The learned arbitrator however, expressed his inability to continue in view of having resigned earlier. 4. In the facts and circumstances of the present case, it is necessary therefore to appoint a substitute arbitrator. However, as neither party had any grievance against the learned arbitrator, who was already appointed, no purpose would be served by appointing another arbitrator. It is in fact in the interest of both the parties that the disputes are referred to the same arbitrator. 5. In the circumstances, the arbitration petition is made absolute in terms of prayer (a). The arbitrator shall decide the venue.