*1* arbap.147.08.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.147 OF 2008 Vijay Hiralal Jaiswal Sole Proprietor of M/s EE Cirles. ..Applicant -Versus- Maharashtra Industries Development Corporation and others. ..Respondents .......... Mr.Udaya Sankar Samudrala, for the Applicant. Mr.Hegde with Mr.C.M.Lokesh i/b A.R.Bhole & Company, for the Respondents No.1 to 4. .......... CORAM : S.J. VAZIFDAR, J. DATE : 02nd September, 2010. P.C. 1 This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator in place of the Arbitrator who was earlier appointed. 2 The arbitration clause requires the concerned Additional Chief Engineer of the Respondent-MIDC to be the Arbitrator. According to the Applicant, the previous Arbitrator retired on 31.07.2006 without concluding the arbitration proceedings. The Respondents have no instructions in this regard. 3 This application is disposed of on the basis that no award has been made. Thus, if an award has been infact made and published, this order shall have no effect. The parties are left to their remedies in that event. 4 Subject to the above clarification, the application is disposed of by directing the Respondents to appoint/notify the concerned *2* arbap.147.08.sxw Arbitrating Authority as per clause-27 of the contract. The nomination shall be made on or before 31st October, 2010. The statement, made on behalf of the Applicant that he is willing to have the substituted Arbitrator to continue to be the Arbitrator even in the event of his ceasing to occupy the post; is accepted. The Respondents, however, are at liberty to take a decision in this regard. 5 The Application is, accordingly, disposed of. -