1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR M. C. A. NO. 1108 OF 2009 M/s B. S. N. Joshi & Sons Ltd. Vs. M/s Maha Genco, Maharashtra State Power Generation Co. Ltd. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri Amit Khare Adv for applicant. Shri G. E. Moharir Adv for non applicant. CORAM: C. L. PANGARKAR J. Dated: 4 th DECEMBER, 2009. Heard counsel for applicant and the non applicant. This application has been moved under Section 11 of the Arbitration and Conciliation Act for appointment of Arbitrator. 2. The applicant is a contractor. Applicant had undertaken a contract of coal liaisoning between the applicant and the non applicants. 2 3. A dispute arose between the applicant and the non applicants and therefore notice was issued by the applicant to the non applicants for appointment of Arbitrator. 4. Since the applicant suggested the name of retired Judge of the Madhya Pradesh High Court Shri C. P. Sen to be appointed as Arbitrator, it is alleged that respondent did not act upon it and non applicants want the arbitrators to be appointed only in accordance with the terms of the agreement between the parties. 5. Without going into the merits and de-merits with regard to the appointment of the arbitrators it is alleged that three persons on the panel as suggested by the applicants be appointed as Arbitrators in the matter. In the circumstances following order is passed: Shri A. D. Palamwar, Director (Retd.) Maharashtra State Electricity Transmission Co. Ltd., Mumbai; (2) Shri S. M. Madan Chief General Manager (Accounts), MAHAGENCO Mumbai and (3) Shri S. J. Jadhav, Chief General Manager (Redt.), MAHAGENCO are appointed as Arbitrators. 3 6. Shri A. D. Palamwar shall preside over the said arbitral. Applicants are directed to pay the necessary process fee. 7. Non applicants undertake to supply addresses of all three Arbitrators. Arbitrators are directed to act in accordance with the terms of the agreement with regard to the arbitration and decide the matter as expeditiously as possible. JUDGE svk 4 5 6