1 arbap234-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.234 OF 2008 Fame (India_ Ltd. ....Applicant V/s. Runwal Erectors Pvt. Ltd. ....Respondent Mr.Vineet Naik with Ms.Anuja Jhunjhunwala i/b Naik Naik & Co. for the Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 12TH AUGUST, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The parties entered into an agreement dated 23.9.2004 to let the premises for the purpose of conducting a multiplex. Clause 31 thereof contains the arbitration agreement to refer the disputes to a named Arbitrator or any other mutually accepted person as agreed upon by the parties. Thus in the event of the inability of the named Arbitrator to act as an Arbitrator, the intention was that any other suitable person ought to be appointed. 3. The Respondent terminated the agreement on 23.8.2007. The present dispute arises as to the validity of the termination and the consequences thereof. The Applicant by a letter dated 23.6.2008 called 2 arbap234-08 upon the Arbitrator named in the arbitration clause to enter upon the reference. The learned Arbitrator however, by his letter dated 24.6.2008 expressed his inability to act as an Arbitrator. 4. The Respondent had in fact by its affidavit resisted the application under section 9 of the said Act on the ground that the Applicant has invoked the arbitration clause. The Applicant by a letter dated 14.8.2008 suggested the names of the three Arbitrators. There was no response to the letter. 5. In the circumstances, the application is allowed and Mr.Justice Arvind Sawant (Retd.) is appointed as a sole Arbitrator. 6. The arbitration application is accordingly disposed of.