H. L. Dattu, J. - (1.) Leave granted.
(2.) This appeal is directed against the orders passed by the High Court of Judicature at Bombay in Appeal No. 132 of 2000 in A. P. No. 313 of 1999 dated 26.4.2007. By the impugned judgment, the Division Bench has held that in the reference, an application was admittedly made to Delhi High Court and therefore, it would not only be in accordance with law, but will also be proper for the parties to approach the same court.
(3.) The facts leading to this Special Leave Petition are : the appellant is a Liberian Shipping Company carrying on business through their protecting agents M/s. G.A.C. Shipping India Ltd. The respondent is a Government company, which by charter party dated 2.6.1989 chartered the appellants vessel M vs. Animar to carry Rock Phosphate from Togo to West Coast India. The respondent chose Mumbai as the port of delivery. The dispute resolution clause of the charter party provided that each party may appoint one arbitrator, who in the event of disagreement shall appoint an umpire, whose decision shall be final. The arbitrators and the umpire were required to be commercial men.;