1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 90 OF 2007 M/s. Brite Industries. ... Applicant Vs Oil and Natural Gas Corporation Ltd. ... Respondent Mr. Toni S. Sachdevani for the Applicant. CORAM : S.J. VAZIFDAR, J. DATED : 1ST JULY, 2010. P.C. : 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator. 2. The Applicant’s tender was accepted by the Respondent. The contract between the parties provided for arbitration in accordance with the General Conditions of Contract. Clauses 32 and 33 of the General Conditions of Contract provide for arbitration. 2 3. Disputes and differences arose between the parties. By a letter dated 14th December, 2005, addressed to the Respondent, the Applicant set out the disputes and differences and invoked the arbitration in accordance with the arbitration agreement. 4. The Applicant had earlier filed Arbitration Application No.142 of 2006. The same was dispose of by an order dated 24th November, 2006, directing the Respondent to appoint an Arbitrator in terms of clauses 33 within three months. The Applicant, by letter dated 11th January, 2007, requested the Respondent to do the needful. The Respondent, having failed to do so, the Applicant addressed a further letter dated 5th March, 2007, calling upon the Respondent to comply with the order within fifteen days, failing which, an application would be made for appointment of a retired Judge of the High Court as an Arbitrator. The Respondent, however, failed and neglected to comply with the order dated 24th November, 2006. This is probably because under clause 33, the Arbitrator is to be nominated by the Secretary to the Government of India, Incharge of Bureau Public Enterprises. 5. In the circumstances, the application is disposed of by the 3 following order :- (i) The Applicant shall apply to the concerned authorities mentioned in clause 33 at Exhibit-B of the application for the nomination of an Arbitrator. The Secretary to the Government of India, Incharge of Bureau of Public Enterprises is directed to nominate the Arbitrator within three months of the communication of this order by the Applicant. (ii) The Arbitration Application is disposed of. No order as to costs.