*1* arbap.2.08.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.2 OF 2008 M/s Nasim Ahsan and Company. ..Applicant -Versus- M/s Indian Oiltanking Limited. ..Respondent .......... Mr.Toni Sachdevani i/b Vikas R. Hukamani, for the Applicant. Mr.Surenkumar B. Shetty, for the Respondent. .......... 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. 2 There is no dispute between the parties about having entered into an agreement. There is an arbitration clause in the said agreement. The Respondent’s only anxiety is that the Applicant may seek appointment of an Arbitrator otherwise than in accordance with the arbitration clause which permits the Respondent’s Managing Director to appoint an Arbitrator. The prayer clause belies the said apprehension. In any event I intend to pass an order as per the agreement clause. It is, therefore, not necessary to adjourn the matter to enable the Respondent to file an affidavit in reply. In any event, more than two years have passed since the petition is filed. 3 In the circumstances, the application is disposed of by directing the Managing Director of the Respondent to appoint an Arbitrator in accordance with the arbitration clause. The same shall be done within a period of six weeks from today. All contentions of the parties including as to limitation are kept open. -