*1* 36-145-10 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.145 OF 2010 Arshiya International Ltd., ..Applicant. v/s. Jurong Consultants (India) Pvt. Ltd. ..Respondent. Mr. Ashish Kamat a/w. M.I.Shreevardhini Parchase i/b. Negandhi Shah & Himayatullah, for Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 24 th JANUARY, 2011. P.C. :- 1 This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2 The parties have entered into an agreement dated 9th February, 2008 under which Respondent was to provide certain consultancy services to the Applicant. The Applicant had paid an amount of Rs.1,46,06,800/- under the said agreement. According to the Applicant, the Respondent failed and neglected to provide the services as per the terms of the agreement. The Applicant, therefore, demanded a return of Rs,1,25,23,467/- together with interest @ 18% p.a. 3 The Respondent having failed to pay the said amount, the Applicant invoked the agreement contained in clause 13 of the said agreement. The Applicant also nominated an Arbitrator and called upon *2* 36-145-10 the Respondent to nominate its Arbitrator. The Respondent nominated the Arbitrator. The said Arbitrator having resigned, the Respondent appointed another Arbitrator namely Mr. T. Nagappa. 4 It is not necessary to refer to the documents in detail. The two Arbitrators have been unable to agree upon the name of the preceding Arbitrator. It is necessary therefore to appoint the preceding Arbitrator. 5 The application is, therefore, disposed of by appointing Mr. Justice V.G.Palshikar, Retired Acting Chief Justice of this Court as the presiding arbitrator.