-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 156 OF 2007 ARBITRATION APPLICATION NO. 156 OF 2007 ARBITRATION APPLICATION NO. 156 OF 2007 Vivek G. Naik .. Applicant. V/s. M/s. Shanti Indl. Premises Co-op. Society Ltd., .. Respondents. --- None for the Applicant. Mr.S.T. Manek i/by S.T.Manek & Co. for the Respondent. --- CORAM : SWATANTER KUMAR, C.J. CORAM : SWATANTER KUMAR, C.J. CORAM : SWATANTER KUMAR, C.J. DATED : 01ST FEBRUARY, 2008. DATED : 01ST FEBRUARY, 2008. DATED : 01ST FEBRUARY, 2008. P.C. : P.C. : P.C. :- . Nobody was present on 7th of December, 2007 on behalf of the Respondent when the matter was taken up for hearing. In the interest of justice the hearing was deferred and the case has been listed today. 2. Today nobody is present on behalf of the Applicant. The learned counsel appearing for the Respondent submits that there is no arbitration clause between the parties. He has referred the agreement dated 04th February, 2006. Clause 15 of the agreement dated 04th February, 2006 which is taken to be an arbitration clause and an appointment of an arbitrator -: 2 :- is sought to be made by the Applicant with reference to the said arbitration clause. A bare reading of the said clause shows that this does not deal with the arbitration in any manner. Further more the copy of the agreement dated 04.02.2006 placed by the applicant on the record does not contain any arbitration clause. In the face of it, this Application has no merit. Mere fact that the Applicant has served notice dated 4th October, 2006 on the other side, calling upon them to appoint arbitrator would not be of any consequence. The application in any case is liable to be dismissed. It is hereby dismissed with no order as to costs. (CHIEF JUSTICE ) .....