ARBAP.97-2009 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 97 OF 2009 M/s Kuber Developers . ...Applicant. V/s. Mulund Vikas Prabha Co.Op. Housing Society Ltd. ...Respondent. -- Mr. Vachan Bodke i/b M/s Chitnis Vaithy & Co., for Applicant. Ms. Yogini D. Chauhan, for Respondent. -- CORAM : S.J. VAZIFDAR, J. DATE : 28TH OCTOBER, 2010. P.C. :- 1] This is an application under section 11 of the Arbitration and Conciliation of Act, 1996. 2] Parties have entered into an construction contract dated 25.9.2006. 3] Disputes and differences have arisen between the parties. In fact, it was submitted on behalf of the Respondent that the Respondent has a counter-claim. The learned counsel appearing for the Applicant fairly states that even the counter-claim may be referred to arbitration. The ARBAP.97-2009 Applicant had set out the disputes and differences by a letter dated 3.10.2008 addressed to the Respondent and to the Architect, and demanded the amounts allegedly due and payable to the Applicant. The Architect by a letter dated 18.11.2008 addressed to the Respondent stated that it was decided that far from paying anything to the Applicant amounts ought to be recovered for defective work. In effect, the Architect has rejected Applicant’s claim. The Applicant was, therefore, entitled to invoke arbitration clause. 4] The Arbitrator should be a Fellow of the Indian Institute of Architects. It is stated that one Shri Arvind Bhagwan Kanegaonkar, Architect is a fellow of the Indian Institute of Architects. 5] The Application is therefore disposed of by appointing Shri Arvind Bhagwan Kanegaonkar, Architect as a sole Arbitrator.