1612mca874.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC.CIVIL. APPLICATION NO. 874 OF 2011. Parinay R. Fuke -VERSUS- The Divisional Commercial Manager and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI, J. DATED : DECEMBER 16, 2011. Heard Shri Lalwani, learned Counsel holding for Shri S. Dewani, learned Counsel for applicant and Shri N.P. Lambat, learned Counsel for non-applicants. Perused clause No.35 in Pay and Park Agreement dated 18.02.2008. Also seen reply affidavit filed on 22.11.2011. Clause 35 permits Arbitration, if dispute is covered by Clause 9. Clause 9 envisages refund 1612mca874.11 2 of entire or proportionate security deposit. The applicant before this Court is, seeking refund of entire security deposit. Non-applicants are attempting to point out that he is not entitled to said refund. Therefore an arbitrable dispute arise. In this situation, the non-applicants are permitted to appoint an Arbitrator within a period of 6 weeks from today. If the Arbitrator is not so appointed, Shri L.A. Mohta, Advocate shall stand appointed as Arbitrator, as requested by learned Counsel for the applicant. Processing charges of Rs.5000/- be deposited with the Registry within a period of 6 weeks. Misc. Civil Application is, accordingly disposed of. JUDGE Rgd