*1* arbap.219.08.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.219 OF 2008 Benefit Film City (India) Ltd.. ..Applicant -Versus- Sudhir S. Bodke and others. ..Respondents .......... Mr.Deepak Dhivyri i/b Sumedh T. Waghmare, for the Applicant. Mr.C.G.Gavnekar a/w Mr.G.S.Hiranandani, for the Respondents No.1 to 6. .......... CORAM : S.J. VAZIFDAR, J. DATE : 02nd September, 2010. P.C. 1 This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an Arbitrator. 2 The Applicant relied upon a document titled “Binding Memorandum of Understanding” dated 20.07.2007 entered into between the Applicant and the Respondent No.1. The other Respondents are not parties to the agreement. The agreement contains a representation by the Respondent No.1 to the effect that he had authority and consent to enter into the same from various other persons concerned with the said property. There is, however, nothing on record which establishes any right between the Applicant and the Respondent Nos.2 to 6. 3 The said MoU contains an arbitration clause and the same can be enforced against the Respondent No.1. Even assuming specific performance cannot or ought not to be granted, there is nothing to preclude the award for damages in the event of the Applicant making out a case to that effect. 4 In the circumstances, the application is disposed of by *2* arbap.219.08.sxw appointing Mr. Justice D.R.Dhanuka (Retired) as a Sole Arbitrator in respect of the disputes and differences only between the Applicant and the Respondent No.1. The application as against the other Respondents is dismissed. 5 It is, however, made clear that the observations that there is nothing to indicate any right between the Applicant and the Respondent Nos.2 to 6, are only for the purpose of this application and the same will not bind the Applicant in any other proceedings that may be adopted in future. -