1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1429 OF 2010 Ashtha Telecom .. Petitioner Versus M.T.N.Ltd. .. Respondent Mr.Anand Mishra i/b. A.M.Saraogi for petitioner Mrs.S.I.Shah i/b.S.I.Shah & Co. for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 24th January 2011. P.C.: . The parties were heard on the earlier occasion and Ms.Shah appearing for the respondent sought time to take instructions and make a statement as to whether the respondent would appoint a sole arbitrator to adjudicate upon disputes between the parties. 2 Although this petition under section 9 of the Arbitration and Conciliation Act, 1996 seeks a relief of securing the amount which is allegedly due and payable by the respondent to the petitioner, from a reading of this petition I am satisfied that instead of this Court intervening and granting any relief, interest 2 of justice would be served if the process of arbitration is expedited. 3 Ms.Shah on instructions makes a statement that the arbitration agreement envisages that the Executive Director of the respondent will make appointment of the sole arbitrator. Accordingly now, Mr.Bhim Singh, General Manager (IT) of Mahanagar Telephone Nigam Ltd will act as a sole arbitrator to adjudicate upon disputes between the parties. She states that the petitioner can appear before the said Officer and thereafter further steps in accordance with law can be taken. 4 In the light of this statement made by Ms.Shah and the appointment of Mr.Bhim Singh as a sole arbitrator, it is directed that if the petitioner desires to seek any interim measures, he can approach the said sole arbitrator and invoke his jurisdiction under section 17 of the Act and if any such application is made, the Arbitral Tribunal should deal with it in accordance with the law. Further, the sole arbitrator shall endeavour and adjudicate upon the disputes between the parties as expeditiously as possible and make his award within a period of four months from the first date of appearance of the parties. 5 In the light of this agreement which is reached with regard to 3 appointment of the sole arbitrator, the petition under section 11 of the Act being Arbitration Petition No.203 of 2010 does not survive and stands disposed off accordingly. (S.C.DHARMADHIKARI, J)