1 arbap125-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.125 OF 2008 The Maha. State Co-op. Marketing Federation Ltd. ....Applicant V/s. Shree Dutt Gagangiri Marketing Co. & Ors. ....Respondents Ms.Sharmila U. Deshmukh for the Applicants. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 12TH AUGUST, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The parties have executed a memorandum of understanding dated 29.12.2005. Clause 27 therein is an arbitration agreement under which the disputes and differences are to be referred to the sole arbitration of the Applicant’s Managing Director or any person nominated by him. A notice referring the dispute to arbitration dated 31.8.2007 was served on the Respondent. The Respondent however, did not respond the same. This application is therefore filed out of abundant caution. The disputes pertain to the amounts payable by the Respondent to the Applicant under the said M.O.U. The same falls within the ambit of the arbitration agreement. 3. In the circumstances, the application is allowed in terms of 2 arbap125-08 prayers (a) and (b). It is clarified that all the disputes and differences between the parties including any set off or counter-claim are also referred to the said Arbitrator. If the Managing Director desires to appoint any other person, as a sole Arbitrator, he shall do so by 30.9.2010 and inform the Respondent accordingly. 4. The arbitration application is accordingly disposed of.