1 9.arp.40.2010.sxw skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 40 OF 2010 Citymax Hotels (India) Pvt. Ltd. ... Petitioner Vs M/s.Ramdev Deveopers & Anr. ... Respondents Mr.Yogendra M. Kanchan i/by Mr.Ajay K. Rao for the Petitioner. None for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 21 st OCTOBER, 2010. P.C. : 1. This is a petition under section 11 of the Arbitration & Conciliation Act, 1996. 2. The parties had entered into a Memorandum of Understanding dated 25th May 2007 under which inter alia the Respondents were to construct a building for the Petitioner. According to the Petitioner, the Respondents failed and neglected to discharge its obligations under 2 9.arp.40.2010.sxw the Memorandum of Understanding. The Petitioner, therefore, terminated the agreement and claimed a refund of the advance payment as well as damages. 3. The dispute falls within clause 21 of the Memorandum of Understanding which contains an arbitration agreement. The Petitioner by a letter dated 7th June 2010 invoked the arbitration agreement by nominating an arbitrator and calling upon the Respondents to nominate an arbitrator. However, clause 21 contemplates reference to a sole arbitrator. 4. In the circumstances, the petition is disposed of by appointing Mr.Justice S.S.Parkar, a former Judge of this Court as a sole arbitrator. 5. The Arbitration Petition, accordingly, stands disposed of. -