1 1.arp.41.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION skt ARBITRATION PETITION NO. 41 OF 2009 Vasudeo Khatanmal Pherwani ... Petitioner Vs. Mrs.Lajwanti Kripaldas Shewani ... Respondent ...... Mr.Vilas B. Tapkir for the Petitioner. Mr.Ashok B. Tajane for the Respondent. ...... CORAM : S.J. VAZIFDAR, J. DATE : SEPTEMBER 28th, 2010. P.C. 1 This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996. 2 The parties carried on business as partners in the firm name and style of M/s.Shivkanchi Matching on the terms and conditions of a Deed of Partnership, dated 1/04/1991. The partnership is at will. The parties have equal shares in the profits and losses. 3 Disputes and differences arose between the parties. The Petitioner by a letter dated 6th March 2009 invoked the arbitration clause contained in the agreement. Thereafter, by a letter dated 2/06/2009, the Petitioner nominated one Mr.Chandan M. Parwani as an Arbitrator and called upon the Respondent to appoint an Arbitrator. The Respondent having failed to do so, the present arbitration petition has been filed. 2 1.arp.41.09.sxw 3 The learned counsel appearing on behalf of the Respondent contended that it is the petitioner who was responsible for the losses of the said firm and that it was due to his mis-deeds that difficulties have arisen in running the business of the said firm. The same pertains to the merits of the matter, which falls within the jurisdiction of the Arbitrator. 3 I asked the learned counsel appearing on behalf of the Respondent to suggest the name of an Arbitrator on behalf of the Respondent without prejudice to the Respondent’s rights to challenge this order. There was no response. 4 In these circumstances, the application is made absolute by appointing Mr.M.R.Paranjape, an Advocate practicing in Pune as an Arbitrator on behalf of the Respondent. The said Arbitrators shall appoint a presiding Arbitrator and proceed with the reference. 5 The petition stand disposed of. -