VBC 1 arp43.09-21.1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE ARBITRATION PETITION NO.43 OF 2009 Shri Prakash Prabhakar Choudhary. ..Petitioner versus Smt.Indubai Baburao Gite & Ors. ..Respondents. ..... Mr.Girish R.Agrawal for the Petitioner. None for the Respondent. ...... CORAM : DR.D.Y.CHANDRACHUD, J. 21 January 2011. P.C. : A development agreement was entered into between the Petitioner and the Respondent on 19 May 2000. Clause 12 of the agreement contains an agreement between the parties to refer disputes to arbitration. The Petitioner filed a suit before the Civil Judge, Senior Division, Nashik (Regular Civil Suit 329 of 2007) in which an objection was raised on the ground that there being an arbitration clause, the suit was not maintainable. The objection was upheld by the Learned Trial Judge on 5 December 2007. The Petitioner issued notices on 22 December 2007 and 29 June 2009 which were returned unclaimed. VBC 2 arp43.09-21.1 2. A notice was issued in the Arbitration Petition. Counsel appearing on behalf of the Petitioner states that the notices were returned unclaimed. In addition, a notice is stated to have been published in the newspaper. Counsel appearing on behalf of the Petitioner states that an affidavit of service has been filed. 3. From the record before the Court, it emerges that there is an arbitration agreement between the parties. Disputes and differences have arisen between the parties out of the development agreement and the arbitration agreement has been invoked. In the circumstances, the Arbitration Petition is disposed of by appointing Shri Justice B.C.Gadgil, former Judge of this Court as sole Arbitrator under the Arbitration and Conciliation Act, 1996. 4. The Registrar (Judicial-I) 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.)