IN THE HIGH COURT OF BOMBAY AT GOA APPLN. FOR APPOINTMENT OF ARBITRATOR NO. 8 OF 2009 SHRI. GURUNATH G. NAIK ... Applicant Versus SHRI. SAVALO HARISHCHANDRA NAIK TARI AND 11 ORS., ... Respondents Mr. Premanand A. Kholkar, Advocate for the applicant. Mr. S. D. Padiyar, Advocate for respondents No. 3 to 8, 11,12(i) To 12(vii). Coram:- S. J. VAZIFDAR, J. Date:- 9th April, 2010 P.C. The applicant's prayer for adjournment to file an affidavit-in-rejoinder is rejected. This being an application under Section 11 of the Arbitration and Conciliation Act, 1996 for an appointment of a sole arbitrator, there is no need for the applicant to file a rejoinder. He is at liberty to proceed on the basis of denials. 2. The disputes and differences between the parties arose in respect of a Memorandum of Understanding (MOU) dated 8.5.2006, pertaining to a mining lease. There is no dispute that the MOU was executed between the parties. 3. The contesting respondents, viz. respondents No.3 to 8 and 11 and 12 contend that they have terminated the agreement on the ground that it was fraudulently entered into. That agreement was signed by all the parties. The existence of arbitration clause is not denied. The arbitration clause provides for the appointment of a sole arbitrator 4. In the circumstances, Mr. G. D. Kamat, Retired Chief Justice of Gujarat High Court is, hereby, appointed as a sole arbitrator. No costs. S. J. VAZIFDAR, J. ssm.