1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application No. 277/2011 [Mohan Eknath Dani .vrs. The Southern Nagpur Cooperative Housing Society Ltd.] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI, J. DATE : AUGUST 05, 2011. Heard Dr. Anjan De, learned counsel for the applicant and Shri B.G. Kulkarni, learned counsel for the respondent. Perused arbitration clause and notices issued. The arbitration agreement dated 1.9.2004 contemplates execution of irrecoverable power of attorney as its part. Accordingly, the power of attorney was registered on the very same day. That power of attorney has been cancelled and its cancellation has given rise to the dispute. The dispute, therefore, springs out of agreement dated 1.9.2004. The cancellation is in October 2010. 2 In this situation, it is apparent that other defences like breach of promise by the applicant or then payment procured by him from third agency cannot be relevant ground at this juncture before this Court. Hence, Hon’ble Shri Justice C.L. Pangarkar (Retired) is appointed as Arbitrator to arbitrate in dispute between the parties. Processing charges of Rs.5,000/- be deposited with the registry of this court within a period of four weeks from today. MCA stands disposed of accordingly. Needless to mention that all rival contentions of the parties are open and can be looked into by Arbitrator. JUDGE Gulande