1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 103 OF 2007 1. Manilal S/o Mulchanddas Mehta & anr. ... Applicants Vs Mr. Sudhir Kumar Jain. ... Respondent Mr. Ashok M. Saraogi for the Applicants. CORAM : S.J. VAZIFDAR, J. DATED : 1ST JULY, 2010. P.C. : 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator. 2. The parties carry on business as partners in the firm name and style of M/s. Popular Enterprises on the terms and conditions contained in a deed of partnership dated 1st April, 2004. There is an arbitration clause in the said deed of partnership which reads as under :- 2 ARBITRATION: “All disputes between the parties or between the survivor and survivors of them and the legal representatives of any of a deceased partner or between the legal partners and whether during the subsistence or after the determination of the Partnership as regards the interpretation of their presents or as to any set or commission of any part of the act, matter or thing whatsoever touching the partnership of its affairs shall be referred to the arbitration of a single arbitrator, if the parties agree upon one, but failing such agreement each of the parties to the dispute shall be entitled to nominate an arbitrator and provisions of the arbitrator act, 1934, with all amendments in force with each of such arbitrator shall apply to such reference and the arbitration shall take place in Mumbai, for the purpose of these clauses, in the even of any dispute the persons whose interests are common in such dispute shall be deemed to be single party.” 3. Disputes and differences arose between the parties. By a letter dated 14th April, 2007, the Applicants set the same out and invoked the arbitration clause. The Applicants nominated an Arbitrator and requested the Respondent to consent to his acting as a sole Arbitrator within twenty-one days, failing which, it would be presumed that the Respondent have given their consent to the disputes and differences being referred to the said Arbitrator. 3 4. In the circumstances, the Arbitration Application is allowed in terms of prayer (a). Ms. Suchitra Kamble, advocate, is appointed as the sole Arbitrator. 5. The Arbitration Application is, accordingly, disposed of.