1 arbap116-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.116 OF 2009 Sandvik Asia Ltd. ....Applicant V/s. Avian Overseas Pvt. Ltd. ....Respondent Mr.Devesh Juvekar i/b Khaitan & Co. for the Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The dispute arises inter-alia in respect of the quality of the equipment supplied under the High Sea Sale Agreement dated 2.5.2008 which contains an arbitration clause. The arbitration clause requires the disputes be referred to a sole arbitrator. The disputes having arisen, the Applicant by a letter dated 26.6.2009 invoked the arbitration clause. The Respondent by a letter dated 30.6.2009 did not agree to the appointment of the arbitrator suggested by the Applicant and stated that it will suggest the name of the arbitrator. There was however, no further communication from the Respondent. Mr.M.R. Paranjape, an advocate practising in Pune, is appointed as a sole arbitrator. 2 arbap116-09 4. The Applicant’s advocate undertakes to file affidavit of service on or before 20.9.2010. The arbitration application is accordingly disposed of.