arbap52-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.52 OF 2009 Basant F. Jain, Sole Prop.Shubh Mangal Jewellers ....Applicant V/s. The Oriental Insurance Co. Ltd. ....Respondent Mr.R.K. Dave i/b Mr.H.H. Trivedi for the Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 26TH AUGUST, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The Respondent had issued an insurance policy in favour of the Applicant. The same contains an arbitration agreement. The same is reproduced in paragraph 4 of the application. 3. It is pertinent to note that the Applicant had filed a complaint before the South Mumbai District Consumer being Complaint No.205 of 2007. In paragraph 12 of the written statement, the Respondent contended that the Applicant ought to have adopted arbitration proceedings. 4. In the circumstances, the application is allowed by appointing Mr.S.R. Shah, Retired Judge of the Bombay City Civil & Sessions Court, Bombay as a sole arbitrator.