-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 201 OF 2006 M/s S R Rashions ).. Applicants Versus M/s APS International Inc ).. Respondents Mr Sameer Khedekar i/b Thakore Jariwala & Associates for the Applicants. None present for the Respondents. CORAM : SWATANTER KUMAR, C.J. DATED : 16TH JANUARY 2009 P.C. This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 praying for appointment of an Arbitrator in furtherance to an arbitration clause contained in the invioces. The arbitration clause reads as under :- “Any dispute in connection with the sale of goods under this Invoice will be subject to the Indian Arbitration Panel or CMAI. Acting under the Rules framed by CMAI and covered under Indian Arbitration Act, 1940 to be decided at Mumbai.” 2. As the present Application is not contested by the -2- Respondents, no reply has been filed. The Applicants had served the notice upon the Respondents before filing of the present Application. Vide Order dated 5th October 2007, the matter was directed to be heard ex-parte. 3. As the arbitration clause clearly postulates that the Sole Arbitrator has to be appointed from the arbitration panel or CMAI and under their rules framed and covered under the Arbitration Act, 1940, the Application is allowed. CMAI is directed to appoint an Arbitrator out of its panel and in accordance with its rule within one month from today. 4. Arbitration Application disposed of accordingly. No order as to costs. CHIEF JUSTICE