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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (5) , Section 9

Chief Justice of India Scheme, 1996 - appointment of an independent and impartial person as an Arbitrator - the facts and circumstances are sufficient to show that the bonafide disputes have arisen between the parties, which are within the scope and ambit of the arbitration clause and need to be resolved through arbitration. The disputes having arisen in September, 2008 and the present application having been filed on 4th February, 2009, the petition can not be said to be belated. All the disputes that have arisen between the parties are hereby referred to arbitration and hereby appoint Hon. Mr. Justice S.N. Variava, Former Judge of Supreme Court of India, as the Sole Arbitrator to adjudicate upon all the disputes and differences that have arisen between the parties, on such terms and conditions as the learned Sole Arbitrator deems fit and proper. Undoubtedly, the learned Sole Arbitrator shall decide all the disputes arising between the parties without being influenced by any prima facie opinion expressed in this order, with regard to the respective claims of the parties.

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