THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Arbitration Application No.27 of 2011 27th June, 2011 Between :- Krishna Srivastava .. Applicant And M/s.Soma Enterprises Limited, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Arbitration Application No.27 of 2011 ORDER:- This application has been taken out under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for resolution of the disputes between the parties relatable to agreement dated 1-12-2009. The 1st respondent is a Company incorporated under the Companies Act, 1956, having its registered Office at 14, Avenue 4, Banjara Hills, Hyderabad. It gave a mandate to the applicant to find out an International Company or a Consortium having Metro Rail Project experience to work as partner with it for Hyderabad Metro Rail Project of Government of Andhra Pradesh. The partnership is for the purpose of Joint Pre-Qualification and for participation in public tender for Hyderabad Metro Rail Project of Government of Andhra Pradesh. The Mandate between the parties came to be reduced into writing and it is dated 1-12-2009. As per the agreement, the Mandate has to be achieved by identifying an International Company/Consortium. The applicant was to be reimbursed by actual travel expenses for conducting meetings of the respondent Company with International Company/Consortium to a maximum of $ 4,000. Disputes cropped up between the parties in respect of the terms and conditions stipulated in the Mandate. As per the clause in the Mandate, all the disputes between the parties are required to be resolved amicably or by Arbitration in India. The applicant issued notice invoking the arbitration clause and nominating Sri V.Veera Raghavan, retired District Judge, as sole Arbitrator for resolution of the disputes. Respondents issued reply on 27-12-2010 expressing their descent for the proposed name of the Arbitrator. Hence, this application. Notice to respondents came to be ordered on 8-4-2011. Respondents entered appearance through a Counsel. Learned Counsel appearing for the petitioners submits that the respondents have counter claim against the applicant and therefore the respondents have no objection for appointing an Arbitrator for resolution of the disputes that have arisen between the parties relatable to the agreement dated 1-12-2009. Having considered the facts and circumstances, the application is allowed. No order as to costs. Sri A. Pratap Bhanj Deo, a retired District Judge, is appointed as an Arbitrator, for resolving the disputes that have arisen between the parties relatable to the agreement dated 1-12-2009. He is at liberty to fix his own fee. ________________________ B.Seshasayana Reddy, J 27th June, 2011 smr