IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 2 OF 2009 M/s T.A. Shah Investments Pvt. Ltd. ).. Applicant Versus M/s Ramsay Entertainment ).. Respondents Mr. Pranav Sampat i/b Thakore Jariwala & Associates for the Applicant. Mr. J.A. Khan for the Respondents. CORAM : J.N. PATEL, ACTING C.J. DATED : 29TH JANUARY 2010 P.C. Heard. 2. This Application has been filed for referring the matter to Arbitration in view of the dispute which arose between the parties in respect of the subject matter of an Agreement entered into on 31st July 2006 relating to production of a movie “WOH AAYEGI” in 35 mm size in colour starring new find hero and heroine. 3. The Applicant through their Advocate gave a notice to the Respondents stating that though the Respondents have received large amount paid by the Applicant as per the Agreement dated 31st July 2006, they have not been able to go ahead with the movie in terms of the Agreement dated 31st July 2006 and thereby suffered a loss to the tune of Rs.31,02,826/- and, therefore, the Respondents were called upon to settle the dispute or refer the matter to Sole Arbitrator within thirty days from the receipt of the notice and, on failure to do so, to move the High Court seeking appointment of an Arbitrator. 4. By way of reply to the notice, the Respondents contended that the claim of the Applicant is not justified as they have not committed any breach of the Agreement and the Addendum and that the demand of the Applicant is unlawful. 5. This sufficiently goes to show that a dispute has arose between the parties in the matter of production of the film for which the Applicant has financed. Admittedly, the Respondents failed to agree for appointment of Sole Arbitrator. On the other hand, it was contended that a demand of the Applicant is unlawful. 6. In view of this, I appoint Mr.Anupam Dholakia, former Principal Judge of the City Civil & Sessions Court, Mumbai as an Arbitrator to adjudicate the matter. 7. Application disposed of accordingly. No order as to costs. ACTING CHIEF JUSTICE