1 arbap104-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.104 OF 2009 Anand Polyrotex ....Applicant V/s. M/s.Reckitt Benckiser Pvt. Ltd. ....Respondent Mr.Kunal Sampat i/b S.K. Jain & Associates for the Applicant. Mr.Nimesh Bhatt i/b Viraj Maniar Associates for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The Applicant has sold and delivered the goods to the Respondent under the terms and conditions contained in three invoices, one of the invoice is annexed as Annexure-A to the application. A summary suit was filed in respect of the claims due under the three invoices. By an order dated 9.6.2009, the learned Judge recorded that the Respondent’s application is disposed of by referring the parties to arbitration. The learned Judge accordingly referred the parties to arbitration and directed further to follow the procedure for appointment of an arbitrator, as the name of the arbitrator was not agreed upon. Accordingly the Applicant withdrew the suit. 3. Each of the invoices contains an arbitration clause. A common award may be passed by the learned arbitrator in respect of the claims 2 arbap104-09 under three invoices. 4. The arbitration application is disposed of by appointing Mr.S.R. Shah, retired Judge of the Bombay City Civil Court, Bombay as a sole arbitrator.