1 IN THE HIGH COURT OF BOMBAY AT GOA APPLICATION FOR APPOINTMENT OF ARBITRATOR NO. 18 OF 2004 Rajim Builders, a registered partnership firm having its office at Rajim Classic, Martires Dias Road, Margao, Goa, represent- ed by its partner Mr. Mohammed Akbar Jivani, businessman, married r/o H.N.101 Chrismichelle Bldg., Pajifond, Margao, Goa. ...Applicant Versus 1. Mr. Jerry Oriculo Alex Braganca, alias Jerry Braganza, alias Jerry Alex Braganca, and his wife 2. Mrs. Lavinia Braganca, both r/o Angod, Mapusa, Bardez, Goa. ... Respondent. Mr. M. B. D'Costa, Senior Advocate with Mr. J. A. Lobo, advocate for the applicant. Ms. M. Conception, advocate for the respondents. CORAM : A. P. LAVANDE, J. DATE : 27th April, 2005. ORAL ORDER Heard Mr. M. B. D'Costa, learned Senior Counsel with Mr. Lobo, for the applicant, Ms. Conception for the respondents. This is an application for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The 2 applicant and the respondents entered into an agreement dated 11th November, 1994. Clause 37 of the said agreement reads as under:- "C l. 37:- Any dispute between the parties hereto in respect of transaction herein entered into, shall be settled by referring them for arbitration of the Arbitrator, Adv. S.S. Rao whose decision in the matter will be final" 2. Advocate S. S. Rao who was chosen as Arbitrator by the parties has refused to act as Arbitrator. Therefore, the present application for appointment of Arbitrator has been filed by the applicant in view of certain disputes that have arisen between the parties, pursuant to the said ageeement. 3. I appoint Shri Alvaro Noronha de Ferreira, Retired District Judge residing at Miramar, Panaji, Goa, as the Arbitrator in respect of the disputes that have arisen between the parties. The applicant to deposit the processing fees of Rs. 3,000/- within a period of two weeks from today. The application stands disposed of. A. P. LAVANDE, J. mc. 3