VBC 1 arbap88.10-23.12 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.88 OF 2010 M/s.Omax Ltd. ...Applicant. Vs. Mr.Binod Sinha, Proprietor of Rashika Builders & Developers. ...Respondent. .... Mr.Bhavik Manek i/b. Wadia Ghandy & Co. for the Applicant. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. December 23, 2010. P.C. : This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. The arbitration agreement between the parties is contained in Clause 9 of a Memorandum of Understanding dated 21 June 2006. Under the Memorandum of Understanding, the Respondent agreed to sell, transfer and assign certain lands to the applicant. An amount of Rs.31 lakhs is stated to have been paid by the Applicant. The contention of the Applicant is that the Respondent failed to fulfill his obligation upon which the amount paid, became repayable with interest. The Applicant addressed a letter of demand dated 1 May 2009 followed by a notice of invocation of the arbitration agreement on 29 May VBC 2 arbap88.10-23.12 2009. There was no reply to either of the two notices. The Respondent has been served by publication since the postal packet was initially returned unserved. An affidavit of service dated 15 November 2010 has been filed. There is an arbitration agreement between the parties as contained in clause 9 of the Memorandum of Understanding dated 21 June 2006. Evidently, disputes have arisen between the parties and the arbitration agreement has been invoked. This Court has jurisdiction to entertain the application. In these circumstances, the Arbitration Application is disposed of by appointing Mr.Simil Purohit, Advocate, as sole arbitrator under the Arbitration and Conciliation Act, 1996. The Prothonotary and Senior Master shall forthwith communicate a copy of this order to the sole arbitrator together with a memorandum of address of parties. ( Dr.D.Y.Chandrachud, J.)