PNP 1 ARBAP32-8.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.32 OF 2010 Sarovar Hotels Pvt. Ltd. ..Applicant. Vs. Royal Palms (India) Pvt. Ltd. ..Respondent. ..... Mr. Sushil D. Vyas for the Applicant. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 8 October 2010. P.C. : 1. Counsel appearing on behalf of the Applicant states that the Arbitration Application has been duly served and undertakes to file an affidavit of service within a period of one week from today. 2. This is an Application under Section 11(6) of the Arbitration and Conciliation Act 1996. A franchise agreement was entered into between the parties on 25 March 2005. The franchise agreement contains an agreement on arbitration under which all disputes between the parties are to be resolved by an arbitral tribunal consisting of three arbitrators. The PNP 2 ARBAP32-8.10 franchise agreement was terminated by the Respondent on 25 March 2008. The Applicant invoked arbitration by its letter dated 29 June 2009 and nominated Shri S.U. Kamdar, Senior Advocate as sole arbitrator. The Respondent by its letter dated 5 August 2009 declined to accept the nomination of Shri Kamdar as sole arbitrator. In view of the arbitration agreement between the parties and since disputes have arisen, it will be necessary to give effect to the arbitration agreement by taking a suitable measure. The Applicant has nominated Shri S.U. Kamdar. Learned counsel states that the nomination shall be a nomination of one of the three arbitrators made on behalf of the Applicant. Since the Respondent has failed to appoint an arbitrator, Shri Justice A.C. Agarwal, Former Chief Justice of the Madras High Court and Former Judge of this Court is appointed as a second arbitrator. The Arbitration Application is accordingly disposed of. The Prothonotary and Senior Master is directed to forthwith communicate a copy of this order to the Learned Arbitrators together with a memorandum containing the address of the parties. (Dr. D.Y.Chandrachud, J.)