IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.59 OF 2009 M/s.Best I.T. World (India) Pvt.Ltd. ... Applicant Versus Mr. Haresh K. Desai and another. ... Respondents Mr. Geogy Jacob i/by M/s. Geogy Jacob & Associates for applicant. None for respondents. CORAM : J.N. PATEL, ACTING C. J. DATED : 30TH APRIL, 2010 P.C. Heard. 2. This application has been filed for seeking an appointment of Arbitrator in the matter of resolving the dispute which has arose between the parties relating to the Memo of Understanding entered into between them on 24th May, 2006. 3. It is the case of the applicant that by letter dated 29th July, 2008, MOU came to be terminated and respondents were called upon to get the dispute adjudicated. Despite of the correspondence with the respondents to get the matter adjudicated by appointment of Arbitrator, the respondents have not come forward. Therefore, the applicant also wrote to the former Judge of the City Civil Court to act as an Arbitrator who has accepted their request by his letter dated 26th October, 2008. 4. The respondents were sent notice by this court. The same has been returned with an endorsement that "the addressee does not stay at the given address". On the previous occasion, such correspondence through post has been returned as "unclaimed". 5. The learned counsel for the applicant submits that in the MOU, same address is given and the respondents are avoiding service. 6. Taking into consideration the postal remarks and the various correspondence by the respondents, I am inclined to accept that respondents are avoiding service and in so far as this application is concerned, it can be decided exparte. 7. This court, therefore, appoints Mr. S.R. Shah (retired Judge) as Arbitrator. Application stands disposed of accordingly. Office to take follow up action. ACTING CHIEF JUSTICE