IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.29 OF 2008 Rajender WIJ ... Applicant Versus M/s. Erica Pharma Private Limited. ... Respondent Ms. Usha Srivastava i/by M/s. Consulta Juris for the applicant. None present for the respondent. CORAM : SWATANTER KUMAR, C.J. DATED : 16TH OCTOBER, 2009 P.C. Affidavit of service has been filed by the applicant stating that the respondent has been served. Despite service, nobody appears on behalf of the respondent. Prayer in this application under section 11 of the Arbitration and Conciliation Act, 1996 is that in terms of the memorandum dated 8.8.2005, the disputes between the parties are liable to be referred to the arbitration. 2. The parties had entered into the Memorandum of Understanding which was duly signed by the parties and clause 5 of the said memorandum provides for reference of dispute to the arbitration in accordance with the provisions of the Act. As the averments made in the application, which is supported by way of affidavit are undisputed, Nobody appears for the respondent though served. Hence, Mr. R.J. Kochar, retired Judge of this Court is appointed as Sole Arbitrator, who shall enter into the dispute between the parties. Arbitration application is, accordingly, disposed of. No order as to costs. CHIEF JUSTICE