1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Misc. Civil Application No. 491 of 2007 [Arbitration] [A.S. Zodape Vs. M/s. Prabhu Builders & Developers & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. P.N. Kothari, Advocate for the applicant. None for the respondents, though served. ----- CORAM : A.H. JOSHI, J. DATE : 28th March,2008. 1. Heard. 2. This is an application under Section 11 of the Arbitration & Conciliation Act, 1996, for appointment of an Arbitrator. 3. This Court had issued notice by order dated 8th June, 2007. 4. The respondents have failed to appear, though served. 5. On the last date, by way of abundant caution, this Court orally directed the applicant to send to the respondents a telegraphic intimation informing that the application would be taken up today. 2 6. Learned Advocate Mr. Kothari for the applicant states that he has sent a telegraphic intimation. 7. None appears for the respondents. 8. The applicant has filed a Pursis proposing the name of Shri S.N. Mardikar, Advocate, to be an Arbitrator. 9. It is seen that Clause No. [30] of the agreement between the parties, a copy whereof is at Annexure-A, is an arbitration agreement, wherein it is provided that each party shall appoint one arbitrator and the Arbitral Tribunal shall be of two persons. 10. Since the respondents have failed to nominate their arbitrator, the present application is filed. Had the parties resorted to Clause [30] and abide by the arbitration agreement, the arbitration could have proceeded according to the arbitration clause. In view of the failure of the respondents, now, therefore, this Court is satisfied that the applicant has made out a case for appointment of an arbitrator by this Court. 11. Shri S.N. Mardikar, Advocate, as suggested by the applicant, is hereby appointed as Arbitrator and he shall decide the dispute according to law. 3 12. The Processing Fees deposited by the applicant shall be appropriated towards cost of this application. Judge |Hedau|