1 arbap200-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.200 OF 2010 Shriram Sitaram Patil ....Applicant V/s. Baban Ganpat Awchar & Anr. ....Respondents Mr.D.G. Dhanure for the Applicant. Mr.G.S. Bhat for Respondent No.1. Mr.P.A. Sarwankar i/b M/s.Sarwankar & Co. for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATE : 4TH FEBRUARY, 2011. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. The applicant has sought the appointment of a sole arbitrator or a presiding arbitrator. 2. Pursuant to the arbitration agreement contained in clause 19 of of the partnership deed, each of the parties i.e. the applicant and the two respondents appointed an arbitrator. 3. The applicant had earlier filed Arbitration Application (Lodging) No.1270 of 2009 also for appointment of a sole arbitrator. The application was disposed of by an order dated 27.11.2009 on the ground that arbitral tribunal had not been dissolved in accordance with law. 4. Even as on date, the arbitral tribunal cannot be said to have been dissolved in accordance with law. The arbitrator appointed by the 2 arbap200-10 applicant, has by a letter dated 8.2.2010 stated that he no longer wishes to continue due to the alleged non-co-operation of the other co-arbitrators. In view of the arbitration agreement, it is not open to this Court to appoint a sole arbitrator without the consent of the other parties. 5. In the circumstances, the arbitration application is disposed of by appointing Mrs.Justice K.K. Baam, a former Judge of this Court, as the arbitrator in place of the previous arbitrator.