1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 87 OF 2007 Mr. Suresh Mani. ... Applicant Vs 1. Shah Vora Tiles & Marble Industries Pvt. Ltd. & 2 ors. ... Respondents Mr. Cyrus Ardeshir with Mr. Punit Damodar i/b M/s. Madekar & Co. for the Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 24TH JUNE, 2010. P.C. : 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. The dispute arises under a business centre agreement dated 18th February, 2006. The main claim is for the refund of the deposit amount of Rs.2,25,00,000/- together with interest thereon. Clause 26 of the agreement which pertains to arbitration reads as under :- “26. In case of any dispute or difference, the parties agree to refer the matter to arbitration in accordance with the laws of arbitration in force for the time being. Each 2 party shall appoint one Arbitrator, and the arbitrators shall appoint a third person as umpire/presiding arbitrator.” 2. There is no opposition to the application. By a letter dated 12th February, 2007, the applicant invoked the arbitration and nominated Mr. S.U. Kamdar, senior advocate of this court to be the arbitrator and called upon the Respondent to appoint and nominate its arbitrator, which the Respondent failed and neglected to do. 3. In the circumstances, the Arbitration Application is disposed of by the following order :- (i) Mr. S.U. Kamdar, senior advocate, is appointed as a sole Arbitrator. (ii) Costs to be cost in the arbitration.