1 arb22.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION ARBITRATION APPLCIATION NO. 22 OF 2010 Dynamic Logistics Pvt. Ltd. ..Applicants versus Kirloskar Oil Engines Ltd. ..Respondents Mr. Rushabh Shah i/by Raval Shah & Co. for the Applicant. None for Respondents. CORAM : DR.D.Y.CHANDRACHUD, J 19 November 2010. P.C. : 1. This is an application under Section 11(6) of Arbitration and Conciliation Act 1996. The respondents have been served and an affidavit of service has been filed. There is no appearance on behalf of the respondents. The Arbitration Agreement is contained in what is described as an Inbound and Outbound Logistics and Distribution Agreement dated 5 December 2002. Clause 23.2 of the Agreement provides for the appointment of two Arbitrators, one each by both the parties. The applicant raised a disputes by its letter dated 29 January 2009 and invoked arbitration. The respondents have denied that there is any written agreement to refer dispute to arbitration. The respondents have also stated that since the applicant had not made any claim, there is no question of any dispute having arisen. 2. From the material on record, it emerges that an agreement was entered into between the parties on 5 December 2002 in which, clause 2 arb22.10.sxw 23 provides for a reference of disputes to arbitration. Evidently, disputes have arisen. The applicant has nominated Shri Karmarkar, who shall be regarded as an arbitrator nominated by the applicant. In these circumstances, the application is disposed of by appointing Hon'ble Mr. Justice S.K. Shah, former Judge of this Court as the second Arbitrator. Both the Arbitrators shall proceed to complete the constitution of the Arbitral Tribunal in accordance with the provisions of the Act. 3. The application is accordingly disposed of. 4. The Prothonotary and Senior Master is directed to forthwith communicate a copy of this order to the Learned Arbitrator together with a memorandum containing the address of the parties. (Dr. D.Y. Chandrachud, J.)