PNP 1 ARBAP98-12.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.98 OF 2010 Nirmal Kotecha ..Applicant. Vs. P.S. Saminathan ..Respondent. .... Mr. Chetan Kapadia i/b Mr. Vikas Mahangare for the Applicant. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 12 October 2010. P.C. : This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. The arbitration agreement is contained in Clause 12.2 of a loan agreement dated 24 June 2008 entered into between the parties. The Applicant invoked arbitration by its letter dated 17 April 2009 and proposed appointment of a sole arbitrator. The Respondent by its letter dated 14 May 2009 in response did not dispute the existence of the arbitration agreement but, proposed the name of another arbitrator which the Applicant was not agreeable to in its letter dated 8 June 2009. Accordingly, the Applicant requested the Respondent that both the parties PNP 2 ARBAP98-12.10 may appoint their arbitrators. The Arbitration Application has been served and an affidavit of service has been filed. The existence of the arbitration clause has not been disputed by the Respondent in the course of the correspondence. The arbitration clause has been invoked by the Applicant by its letter dated 17 April 2009. There exist disputes and differences between the parties. In the circumstances, the Arbitration Application is disposed of by appointing Mr. Justice B.N. Naik, Former Judge of this Court as sole arbitrator under the Arbitration and Conciliation Act, 1996. The Prothonotary and Senior Master is directed to forthwith communicate a copy of this order to the Learned Arbitrator together with a memorandum containing the address of the parties. (Dr. D.Y.Chandrachud, J.)