1 arb147.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 147 OF 2010 Firnhil Investment Pvt. Ltd. ...Applicants. versus Gita Biswas & Anrs. ..Respondents Mr. H.V. Chande for the Applicants. Ms. Nisha Parmar i/by Tushar Goradia for the Respondents. CORAM : DR.D.Y.CHANDRACHUD, J 19 November 2010. P.C. : 1. This is an application under Section 11(6) of the Arbitration and Conciliation Act 1996. Clause 27 of the arbitration agreement contains a provision for Arbitration. The agreement was made at Mumbai on 4 January, 1993 and was executed by the parties. Disputes have arisen between them. The applicant invoked arbitration by a notice dated 5 November, 2008. In response the respondents by a letter dated 13 December, 2008 did not dispute the existence of the arbitration agreement but suggested the name of an arbitrator, which is not acceptable to the applicants as stated in a reply dated 6 February, 2009. After this application was filed under section 11(6) of the Arbitration and Conciliation Act 1996, the respondents by a letter dated 23 October, 2010 proposed the name of a sole arbitrator. 2 arb147.10.sxw 2. The existence of the arbitration agreement is not in dispute. The agreement has been entered into at Mumbai and therefore, this Court has jurisdiction. Disputes have arisen between the parties. The parties have not concurred in the appointment of a sole arbitrator. 3. Hence, the application is disposed of by appointing Dr. Justice B.P. Saraf, formerly the Chief Justice of the High Court of Jammu and Kashmir and formerly, a Judge of this Court as a sole Arbitrator under the Arbitration and Conciliation Act, 1996. 4. The Application is accordingly disposed of. The Prothonotary and Senior Master is directed to forthwith communicate a copy of this order to the Learned Arbitrator together with a memorandum containing the address of the parties. (Dr. D.Y. Chandrachud, J.)