1 arp58-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.58 OF 2009 Atul S. Londhe ....Petitioner V/s. Abhijeet Co-Op. Hsg. Soc. Ltd. ....Respondent Mr.Sandesh D. Patil for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 16TH SEPTEMBER, 2010. P.C. :- 1. The petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996. 2. The parties have entered into a development agreement dated 28.11.2005. The petitioner is a developer. In fact the petitioner is a resident/member of the respondent society. Clause 48 of the agreement is an arbitration clause. The respondent having terminated the agreement, the disputes and differences arose between the parties. The petitioner by a letter dated 8.6.2009 invoked the arbitration clause. By a further letter dated 10.8.2009, the petitioner nominated a retired Additional District Judge. The petitioner called upon the respondent to appoint an arbitrator. The respondent by its reply dated 30.9.2009, denied the receipt of the earlier notice dated 8.6.2009. That however, would make no difference. 2 arp58-09 The respondent stated that there was no matter for any arbitration and that the invocation of the arbitration clause is illegal. No reasons for the same have been set out. The respondent is absent. There is no affidavit in reply. 3. The respondent is at liberty to nominate an arbitrator within four weeks from the receipt of the authenticated copy of this order. In the event of their failing to do so, Mr.S.R. Shah, retired Judge of the Bombay City Civil Court shall stand appointed on their behalf without further orders. The said arbitrators shall appoint a presiding arbitrator and proceed with the reference.