1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ARBITRATION APPLICATION NO.2 OF 2009 Rameshwar s/o. Lalchand Bhutada .. petitioners Versus The Kopargaon Municipal Council and another .. Respondents. --- Mr. S.V. Gangapurwala, Advocate for the petitioner Mr. M.M. Patil Beedkar, Advocate for the respondent No.1. CORAM : B.R. GAVAI, J. DATE : 17th July, 2009. ORAL ORDER :- 1] Rule. Rule made returnable forthwith. Heard by consent. It is the case of the applicant that the respondent No.1 floated a tender for commercial complex at Bangdi Chawal, Kopargaon. In pursuance to the said tender notice, the applicant had approached the respondent No.1 for allotment of work to him. Accordingly, an agreement was entered into 2 between the parties, which provides for arbitration clause i.e. clause No.38. It is agreed that in case of dispute between the parties, the same shall be referred to an Architect for settlement under Clause 38. It appears that after completion of the work, there has been some dispute between the parties over payment and as such, the petitoner has sought for appointment of an Arbitrator in view of Clause 38 of the Agreement. Since the respondent No.1 did not respondent, the present petitioner has moved this court under Section 11(6) of the Arbitration Act. 2] Shri Gangapurwala and Shri M.M. Patil Beedkar, learned counsel for the parties do not dispute about clause No.38 of the agreement, which provides for settlement of dispute between the parties by referring it to Arbitration. 3] It, however, appears that the parties do not agree for one Arbitrator. In that view of the matter, it will be necessary that the parties will have to appoint one Arbitrator each, who shall appointment an Umpire. The petitioners have already suggested the name of Shri Arun Kabra, Partner of M/s. Kabra, Choudhary and Associates, Nashik who is a Fellow of Indian Institute of Architects, as Arbitrator on their behalf. The respondents have suggested the name of Shri Jayendra Wallabhadas Kabari, who is also a Fellow of Indian Institute of Architects, as their nominee. In that view of the matter, this court directs that Shri Arun Kabra and Shri Jayendra Wallabhadas Kabri,are appointed as Arbitrators to decide the dispute 3 between the parties. It is further directed that the aforesaid two Arbitrators shall appoint an Umpire. The petitioner shall deposit an amount of Rs. 5,000/- towards the preliminary arbitration expenses , which would be adjusted at the completion of the Arbitration proceedings. Rule made absolute in aforesaid terms with no orders as to costs. [B.R. GAVAI,J.] Grt/-