1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 451 OF 2009 M/s. Krishak Seva Sahakari Samittee Ltd. ...Petitioner. Vs. M/s. Hindustan Domestic Oil & Gas Co. (Bombay) Ltd. ...Respondent. Ms.Ameya Tamhane for the Petitioner. None for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 4th SEPTEMBER, 2009. JUDGMENT- 1 This Petition is filed by the Petitioner under Section 15 of the Arbitration and Conciliation Act, 1996 (for short, the Act), pursuance to the agreement dated 15/03/2000, at the request of the Petitioner, this Court under Section 11 has appointed one sole Arbitrator, as the Respondents failed to respond to the invocation of the Arbitration clause in question. 2 The arbitrator so appointed is expired. Therefore, this petition. 3 Though served, none appeared for the Respondent. The Arbitration proceeding is pending since long. Therefore, it is necessary to appoint a new Arbitrator pursuance to clause 32 in question. The Respondent is 2 aware of the death of the earlier appointed Arbitrator. Therefore, it is desirable that the Respondent to appoint Arbitrator as per clause 32, so that the Arbitration proceeding can continue from whatever the stage it was. In view of this clause itself, therefore, the Respondents are directed to appoint Arbitrator on or before 16th October, 2009. The Arbitrator to proceed accordingly. 4 The Petition is allowed in view of above. However, the liberty is granted to the Petitioner that in spite of this order, if Respondent fail to appoint an Arbitrator, invoke Section 11 of the Arbitration and Conciliation Act. 5 The Petition is allowed accordingly. No order as to costs. (ANOOP V. MOHTA, J.)