1 ARBP 521.11 kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.521 OF 2011 ... The New Ambivali Society Co.operative Housing Society Ltd. ...Petitioner v/s. M/s.Dhanshree Developers Pvt.Ltd. and anr. ...Respondents ... Mr.A.D.Shetty with Ms.Rita Joshi for the Petitioner. Mr.Amar Mishra i/b SKM Law Associates for Respondents Nos. 1 & 2. ... CORAM: D.K.DESHMUKH, J. DATED: 15th July, 2011 P.C.: 1. Admit. Heard finally by consent parties. 2. The dispute before the learned Arbitrator was about granting a decree of specific performance of the M.O.U., which was entered into between the claimant and the Respondent. That M.O.U. Was terminated by the present Petitioner, who was Respondent before the Arbitrator. The learned Arbitrator has recorded a finding that the notice issued by the present Petitioner terminating the M.O.U. Is valid. Thus, according to the learned Arbitrator, the M.O.U. was validly terminated. But surprisingly the same Arbitrator, after 2 ARBP 521.11 recording a finding that the M.O.U. has been validly terminated, holds that the original claimant, who is the present Respondent, is entitled to perform his obligation under the same M.O.U. To say the least, the order made by the learned Arbitrator is illogical and suffers from total non-application of mind and is, therefore, liable to be set aside. It is accordingly set aside. Petition disposed of. (D.K.Deshmukh, J.)