:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 218 OF 2004 Integrated Finance Company Ltd. .. Applicant Vs. Gleitlager (India) Ltd. and anr. .. Respondents Mr. Ashok Varma i/b Mayur Narendra & Co. for applicant. Mr. D.J. Kakaliya i/b Mulla & Mulla for Respondent No.1. CORAM : B. H. MARLAPALLE,J. CORAM : B. H. MARLAPALLE,J. CORAM : B. H. MARLAPALLE,J. Date : February 03, 2006. Date : February 03, 2006. Date : February 03, 2006. P.C.: P.C.: P.C.: 1. The agreement between the parties provides for arbitral reference in terms of Clause 16 which reads as under:- "16. All disputes and differences which may arise hereinafter between the parties hereto either during subsistence of this agreement of thereafter the same shall be referred to the Arbitration as per the provisions of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof from time to time in force." :2: 2. In response to the notice issued, the respondent has filed reply and tried to oppose the application solely on the ground that M/s. Tata Housing and Development Corporation Ltd. i.e. Respondent No.2 came in the way of the Respondent No.1 for sale/transfer of the agreed FSI i.e. 15000 sq.ft. built up area in favour of the applicant. It has also been stated that the agreement dated 30/3/1996 stood revived by the agreement dated 29/9/1998 and, therefore, there is no merit in the application moved. 3. These contentions raised by respondent no.1 for opposing this application cannot be entertained, more so when, admittedly, the respondent no.1 failed to perform the agreed terms of the said agreement and as at present the applicant has neither received the amount under recovery or 15000 sq.ft. FSI from the respondent no.1. 4. Names of Arbitrators were suggested to the parties and both of them have agreed to the name of Hon’ble Shri Justice R.J. Kochar (Retired) to be appointed as the sole Arbitrator. 5. Hence the challenge to the application is :3: hereby rejected and Hon’ble Shri Justice R.J. Kochar (Retired) is appointed as the sold Arbitrator. Parties shall appear before him within four weeks and fix the further terms of arbitral proceedings including the time frame. Application disposed off in terms of above order. (B.H. Marlapalle, J.) (B.H. Marlapalle, J.) (B.H. Marlapalle, J.)