*1* arbap.144.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.144 OF 2009 Destimoney India Services Pvt.Ltd.. ..Applicant -Versus- Dawanay Day India Land Pvt.Ltd.. ..Respondent .......... Mr.Alok Jain i/b Madhur R. Baya, for the Applicant. None for the Respondent. .......... 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 appointment of an Arbitrator. 2 The notice issued by the office pursuant to the order dated 15.01.2010 was returned unserved with the remark “office closed”. However, the Applicant has filed an affidavit of service establishing that the Respondent had already been served on 10th November, 2009. 3 The disputes and differences arose in respect of the Property Sharing Agreement entered into between the parties dated 19.07.2006. Clause-8 of the agreement contains an arbitration agreement. The disputes and differences having arisen, the Applicant by a letter dated 10.07.2009 (wrongly typed as 10.07.2006) invoked the arbitration clause and nominated an Arbitrator and called upon the Respondent to nominate it’s Arbitrator. The Respondent has not nominated it’s Arbitrator. 4 In the circumstances, the application is disposed of by appointing Mr.M.P.S. Rao, Advocate of this Court as an Arbitrator on behalf of the Respondent. The said Arbitrators shall appoint a Presiding Officer and proceed accordingly. -