pvr 1 aa73-11 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.73 OF 2011 M/s.Alert Commandos P.Ltd. ...Applicant vs. M/s.Future Supply Chain Solutions Ltd. ...Respondent --- Mr.Y.M.Pendse, for Applicant. Mr.Ashish Kamat @ Mr.Vatsal Shah & Mr.Vaibhav Bhure i/b. Naik Paranjpe & Co., for Respondent. --- CORAM: D.K.Deshmukh,J. DATED: 5th May,2011 P.C.: 1. Heard the learned Counsel appearing for both the sides. There is admittedly arbitration clause in the agreement between the parties. If the respondent has filed a suit against the applicant for recovery of certain amounts which according to the respondent are payable to it by the applicant, the respondent can proceed with the suit and the applicant will be at liberty to pvr 2 aa73-11 defend that suit in accordance with law, but that will not prevent an Arbitrator being appointed. The learned Counsel appearing for respondent stated that as the nominee of the respondent Shri.Cyrus Ardeshir, Advocate be appointed as Arbitrator. Accordingly, Shri.Cyrus Ardeshir, Advocate is appointed as Arbitrator. Shri.Cyrus Ardeshir and Shri.Kuldeep Patil who has already been appointed by the petitioner shall appoint third Arbitrator and complete the formation of Arbitral Tribunal. The application is disposed of. (D.K.Deshmukh,J.)