IN THE HIGH COURT OF BOMBAY AT GOA APPLN. FOR APPOINTMENT OF ARBITRATOR NO. 16 OF 2011 MR. ORLANDO FERNANDES ... Applicant Versus STATE OF GOA THROUGH ITS CHIEF SECRETARY AND 3 ORS., ... Respondents Mr. S. S. Kakodkar, Advocate for the applicant. Mr. A. Kakodkar, Additional Government Advocate for respondent nos.1 to 3. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for respondent no.4. Coram:- A. P. LAVANDE, J. Date:- 14th October, 2011 P.C. Heard Mr. S. S. Kakodkar, learned Counsel for the applicant, Mr. A. Kakodkar, learned Additional Government Advocate for respondent nos.1 to 3 and Mr. Nadkarni, learned Senior Counsel for respondent no.4. 2. This is an application under Section 11(6) of the Arbitration and Conciliation Act ('The Act' for short) for appointment of Arbitrator. Certain disputes have arisen between the parties pursuant to lease deed dated 1st January, 1998 entered into between the applicant and respondent no.1. Vide Notification dated 18th August, 2004 issued by State of Goa, certain assets belonging to the State of Goa have been transferred to respondent no.4. The property in respect of which lease deed was entered into between the parties, is one of such properties. Indisputably, the lease deed dated 1st January, 1998 contains arbitration clause. Although the applicant sought appointment of Arbitrator pursuant to clause 27 of lease deed, the respondents did not appoint an Arbitrator and as such, the applicant is compelled to approach this Court seeking relief under Section 11 of The Act. There is no serious dispute that the lease deed contains arbitration clause. Hence, the application deserves to be allowed. 3. The learned Counsel for the parties suggest the name of Mr. V. P. Shetye, Former District Judge and Law Secretary. Accordingly, Mr. V. P. Shetye is appointed as an Arbitrator in respect of the dispute between the parties. 4. Mr. S. Kakodkar, learned Counsel for the applicant states that the applicant will have no objection, if Mr. V. P. Shetye is appointed as an Arbitrator although for some time, he was holding the post of Law Secretary Of Government of Goa. The fees of the Arbitrator shall be borne equally by the parties. Needless to mention that all the contentions of the parties are kept open. 5. The application stands disposed of. A. P. LAVANDE, J. SMA