1 ARP/21/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE ARBITRATION PETITION NO.21 OF 2009 WITH ARBITRATION PETITION NO.22 OF 2009 N.V.Kharote Construction Pvt.Ltd. ...Petitioner. Vs. Pratibha Industries Ltd. ...Respondent. .... Mr.Shriram S.Kulkarni for the Petitioner. Mr.M.R.Phal for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 16, 2010. P.C. : Counsel appearing on behalf of the Petitioner and the Respondent are agreed, on instructions, to the following order being passed by consent of the parties: 1) The Petitioner nominates Shri S.S.Patwardhan, former Member Secretary of the Maharashtra Jeevan Pradhikaran, as an arbitrator, in terms of the arbitration agreement; 2) The Respondent nominates Shri S.G.Pingle, former Chief Engineer and General Manager, CIDCO, as an arbitrator, in terms 2 ARP/21/09 of the arbitration agreement; 3) The two arbitrators shall be at liberty to appoint a third arbitrator at the first meeting of the two arbitrators, in terms of the provisions of the Arbitration and Conciliation Act, 1996; 4) All the rights and contentions of the parties on merits are kept open. The Arbitration Petitions are accordingly disposed of. ......