1 Civil Appln. no. 9655.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9655 OF 2009 IN ARBITRATION APPLICATION NO. 4 OF 2005 Hormaz S/o Burjorji Jalnawala ... Applicant V E R S U S Navrozji S/o Pestonji Jalnawala and others ...Respondents ... Mr. S.V.Gangapurwala,Advocate for Applicant. ... CORAM : V.R.KINGAONKAR, J. DATED : 18TH DECEMBER, 2009 PER COURT : 1] Heard Counsel. 2] This is an application for appointment of another Arbitrator in place of Hon’ble Mr. Justice D.R.Dhanuka, former Judge of this Court, who gave up the work in midst of Arbitration proceeding. 3] Mr. Gangapurwala makes a statement that the parties have agreed for assignment of the work to Hon’ble Mr. Justice S.N. Variyava, former Judge, of the Supreme Court of India and that there is consensus on this issue. He further makes a statement that the parties have contacted Hon’ble 2 Civil Appln. no. 9655.09 Mr. Justice S.N. Variyava, who has agreed to work as an Arbitrator. 4] None appears for the respondent. 5] Considering the statement at the Bar and the affidavit of some of the respondents, it would be appropriate to allow the application. The dispute between the parties is accordingly referred to Arbitration by appointment of Hon’ble Mr. Justice S.N. Variyava, as sole Arbitrator instead of Hon’ble Mr. Justice D.R.Dhanuka. 6] The application is accordingly allowed. 7] The parties to act upon the copy of this order duly authenticated by the Court Shirestedar. Sd/- ( V.R.KINGAONKAR, J.) MTK/