1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 32 OF 2008 M/s Dhakad Builders and Developers ).. Petitioner Versus Smt. Savitribai Dattatray Koli ).. Respondent Mr. R.S. Datar for the Petitioner. Nobody is present on behalf of the Respondent. CORAM : SWATANTER KUMAR, C.J. DATED : 31ST JULY 2009 P.C. When the matter came up on board on 24th July 2009, the same was adjourned to today because nobody was present on behalf the Respondent and it was observed that if none appears for the Respondent on the next date of hearing, the matter would be heard ex-parte. Today again, nobody is present on behalf of the Respondent. 2. Parties entered into an agreement for sale of a plot of land bearing Plot No. B-216, B-217+B-18 situated at Village Belapur, Taluka and District Thane in terms of the agreement dated 20th November 2004. 2 Clause 16 of the said Agreement is a arbitration clause between the parties which reads as under :- “16. If any dispute will arise between the party at the One Part and party at the Second Part in connection with the contents of this Agreement then such dispute will be entrusted to the Arbitration of one-one person suggested by the Party at the One Part and Party at the Second Part for settling such dispute and decision which will be taken by the Arbitrators will be binding upon both of them.” 3. It is agreed that in furtherance to the agreement for sale, a sum of Rs.4,55,000/- was paid by the Petitioner to the Respondent. Thereafter, disputes arose between the parties. The Petitioner therefore filed Special Civil Suit No. 396 of 2006 against the Respondent and CIDCO for specific performance of the Agreement for Sale dated 20th November 2004. In the said Suit, the Petitioner also filed an application under Section 8 of the Arbitration and Conciliation Act, 1956 wherein interim order is granted and the same is pending as of now. Thereafter, the Petitioner has issued a notice dated 28th March 2008 upon the Respondent calling upon her to appoint an Arbitrator but nobody has been appointed as an Arbitrator. The Respondent has not confirmed about the same. 4. In view of the above facts which has remained uncontroverted, there is no other alternative but to allow the Petition under Section 11 of 3 the Arbitration and Conciliation Act, 1996. Mr. ______________ is appointed as the Sole Arbitrator. He is required to enter upon the reference and dedide the dispute between the parties expeditiously. Arbitration Petition disposed of. No order as to costs. CHIEF JUSTICE