1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR M.C.A. (ARBITRATION) NO.1040 OF 2010 (SACHIN RAMKRISHNA DURAGKAR...VS.. NAGPUR MUNICIPAL CORPORATION ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Masood Shareef, Advocate for Applicant. Mr. C.S.Kaptan, Advocate for Respondent. CORAM : V.C.DAGA, J. DATE : DECEMBER 16, 2010. Heard. Perused the application. The applicant has invoked jurisdiction of this Court under Section 11 of the Arbitration and Conciliation Act, 1996 (“The Act” for short) for appointment of arbitrator. On being noticed, the respondent appeared without filing any reply to contest the application. The Corporation has no objection to appoint arbitrator to resolve the dispute by arbitration, in view of the contract providing for arbitration, which reads as under : “31. Arbitration : 31.1 Any dispute arising out of this agreement between the Nagpur Municipal Corporation and the First Finder shall be subject to the provisions of Arbitration and Conciliation Act 1996. The arbitration will be done by a three member arbitration committee out of which one member will be nominated by the NMC, other by the First Finder and the third, by the two members nominated by the NMC & the First Finder. 2 Now the First Finder and Municipal Commissioner, Nagpur Municipal Corporation have entered in to this agreement that the First Finder shall execute the work order No.E.O./424/Advt. Dt. 03.08.2006 containing one sheet which shall form part & parcel of the contract. In case of disagreement arising from this contract in relation to this provision in clauses here in before mentioned the decision of the Municipal Commissioner, NMC, Nagpur shall be final and binding upon the First Finder.” In the aforesaid premises, the applicant has suggested that Hon'ble Shri Justice S.G. Mahajan (Retired) may be appointed as an Arbitrator on behalf of the applicant. Whereas, the Corporation has suggested the name of Mr. V.S. Kukdey, Advocate on its behalf. In the result, considering the consensus between the parties, Hon'ble Shri Justice S.G. Mahajan (Retired) and Mr. V.S. Kukdey, Advocate are appointed as Arbitrators on behalf of the respective parties. Both the arbitrators shall appoint Umpire and are expected to arbitrate the dispute between the parties with expeditious dispatch. The applicant to pay process fees in the sum of Rs.Three Thousand Five Hundred only. In the result, the application is allowed in terms of this order with no order as to costs. JUDGE RR..