( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 104 OF 2009 ARBITRATION PETITION (L) NO. 104 OF 2009 ARBITRATION PETITION (L) NO. 104 OF 2009 Ajeet Pathare ..Petitioner V/s. M/s. Aawas Builders ..Respondents ...... Mr. Ajay Panicker for the petitioner Mr. N.R. Gandhi for the respondents ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 27th February, 2009 DATED : 27th February, 2009 DATED : 27th February, 2009 P.C.: P.C.: P.C.: 1. Heard advocate for both the sides. This application was required to be filed as the Arbitrator Mr. U.D. Malvankar, Retired City Civil Court, Judge, Bombay declined to continue as an Arbitrator. 2. Today before the Court, learned Counsel for both the sides upon instructions informed the Court that parties to this petition have agreed that Mr. Justice R.J. Kochar (Retd.) Judge of the High Court of Judicature at Bombay be appointed as a sole Arbitrator and that they also communicated to the Court that they will approach to the learned Arbitrator for further steps in the matter. Since the joint request is made, the same can be granted. ( 2 ) Hence, the following order. ORDER ORDER ORDER (i) Mr. Justice R.J.KOchar (Redt.) Judge of the High Court of Judicature at Bombay is hereby appointed to act as a sole Arbitrator in place of Mr. U.D. Malvankar, (Retd.) City Civil and Sessions Court, Bombay. The petitioner who happens to be the heir of original claimant is permitted to continue the arbitration proceedings as claimant No.1(a) against the respondent. (ii) There shall be no order as to costs. (iii) Learned advocate Mr. Panicker undertakes to remove office objections, if any. Upon removing of the office objection, office to number the petition. (iv) Petition stands disposed of. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)