1 Arbp12.11 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.12 OF 2011 ... Smt.Usha Puroshottam Lele & ors. ...Petititioners v/s. Shree Ramji Mandir Trust ...Respondents ... Ms.Shirin Shaikh i/b Deepak Chitnas-Chiparikar & Co. for the Petitioners. None for the Respondents. ... CORAM: D.K.Deshmukh J. DATED: 6th May, 2011 P.C.: 1. Heard the learned Counsel for the Petitioners. The learned Counsel for the Petitioners states that the Respondents have been served. Affidavit of service has been filed. None appears for the Respondent. 2. By order dated 21-11-2003 passed in Arbitration Petition No.40 of 2003 Hon’ble Mr.Justice S.C.Pratap (Retd.) was appointed as arbitrator. He expressed his inability to continue with the arbitration. Therefore, Arbitration Petition 2 Arbp12.11 No.41 of 2009 was taken up. But it appears that during the pendency of that petition, Hon’ble Mr.Justice Pratap (Retd.) agreed to continue as arbitrator. The learned single Judge before whom Arbitration Petition No.49 of 2009 came, therefore, again appointed Hon’ble Mr.Justice S.C. Pratap (Retd.) as arbitrator by order dated 9th September, 2010. That order was communicated to Hon’ble Mr. Justice S.C.Pratap (Retd.) along with letter dated 22nd September, 2010. Thereafter, Hon’ble Mr.Justice Pratap (Retd.) addressed a letter dated 28th October, 2010,which reads as under: “I am grateful to the Hon’ble High Court for re- nominating me as sole arbitrator in this matter. Unfortunately, however,due to current heavy pressure of other ongoing pending works, it will be difficult to accept this assignment and attend thereto within even reasonable time.” 3. In view of this letter, present petition has been filed. It is, thus, clear that new arbitrator has to be appointed. The Respondents are absent. The Petitioners have 3 Arbp12.11 suggested the name of Hon’ble Mr.Justice D.R. Dhanuka(Retd.) as arbitrator. Hence, Hon’ble Mr.Justice D.R. Dhanuka (Retd.) is appointed as arbitrator. Petition disposed of. (D.K.DESHMUKH, J.)