1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION No. 761/2009 (Arbitration) ( Mah.State Power Generation Co. Ltd. -: versus :- Vijay kumar Roopchandani.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 07, 2010. Heard Shri G.E. Moharir, learned counsel for the applicant. Application under Section 11 of the Arbitration and Conciliation Act, 1996 is for appointment of Arbitrator. Respondent is reported to be served through paper publication and there is no appearance for him. Shri Moharir, learned counsel has pointed out tht the matter was before me on 19.12.2008 and there, after noticing the agreement between the parties, they were permitted to approach the Secretary, Government of India seeking appointment of Arbitrator. Accordingly on 05.11.2008 applicants approached the Government of India and 22.01.2009 the Government of India through its Ministry of Heavy Industries and Public Enterprises, informed the applicants that, they undertake arbitration and such exercise is only open, if dispute is between two public sector 2 undertakings. It has been pointed out that, one of the parties to the present dispute is not a public sector undertaking, the Government of India is not competent to appoint any Arbitrator for parties. In view of this communication, the present application has been filed. Thus, existence of arbitration clause between the parties and demand to refer the matter to Arbitration is not in dispute. Shri Moharir, learned counsel has pointed out that in other matter, concerning the applicants, this Court had appointed one Shri D.Y. Ghanekar, as Arbitrator. He points out that this name was also communicated to the respondent in legal notice served prior to filing of this proceeding. In view of this position, Shri D.Y. Ghanekar, resident of Savli, Plot no.61, Shivahi Nagar, Nagpur is appointed as Arbitrator to arbitrate the dispute between the parties in the matter. Processing fees of Rs. 5000/- be deposited with the Registry of this Court by the petitioner by 22.01.2010. Application is accordingly disposed of. No cost. JUDGE Rgd.