PNP 1 ARBAP46-6.8 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.46 OF 2009 Malu Sleepers (Maharashtra) Pvt. Ltd. ..Applicant. Vs. Central Railway Through its General Manager and another ..Respondents. ...... Mr.Lalan Gupta with Mr.Darshan Mehta i/b Dhruve Liladhar & Co. for the Applicant. Mr.T.J.Pandian for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 6 August 2010. P.C. : At the hearing of the Arbitration Application, counsel appearing on behalf of the Applicant and counsel appearing on behalf of the Respondents are agreed that the following order may be passed by the Court without recording of any further reasons : i) In terms of Clause 21 of the agreement dated 11 September 1998 (Exhibit B), the General Manager of the First Respondent shall appoint an arbitrator to act as a sole arbitrator under the Arbitration and Conciliation Act, 1996 in pursuance of the notice of the Applicant dated 20 January 2009 invoking arbitration, within a PNP 2 ARBAP46-6.8 period of four weeks from today; ii) In the event that the General Manager of the First Respondent fails to abide by the statement recorded in clause (i) above, liberty to the Applicant to apply to this Court for revival of the Application and for further orders; iii)In view of the statement which has been made on behalf of the Respondents as recorded in clause (i) herein above, no further directions are sought in the Application. The Respondents shall abide by their statement. The Application is accordingly disposed of. (Dr. D.Y.Chandrachud, J.)