1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 31 OF 2008 Vinayak Mahadeo Nale ).. Petitioner Versus Boys Sports Company, Bombay Engineer Group ) and Centre Training Battalion 1, Kirkee ).. Respondent Mr. A.M. Savagare i/b Mr. S.S. Patwardhan for the Petitioner. No present for the Respondents. CORAM : SWATANTER KUMAR, C.J. DATED : 24TH JULY 2009. P.C. This Petition has been filed by the Petitioner. While relying upon the Bond of Indemnity filed by the parent and the candidate which contains an arbitration clause which reads as under :- “5. Ant it is lastly agreed that if there is any dispute to the effect, meaning of those present, or otherwise, however except as to matters for which specific provision has been made in these presents, the same shall be referred to the sole arbitration of the Secretary to the Government of India, Ministry of Defence or any person appointed by him whose decision shall be final and binding on the parties. There will be no objection if the agreement relates or the arbitrator is a Government Servant and that he had to deal with matters to which the agreement relates or that in the course of his duties 2 as Government servant he had expressed views on all or any of the matters in dispute or difference. The provisions of the Indian Arbitration Act, 1940, as amended from timer to time shall apply. IN WITNESS WHERE OF THE PARTIES have set their hands on the day and year first above mentioned...” 2. The Petitioner who was given admission was later on terminated from school on 27th June 2007. Two notices were served upon the Respondents by the father of the Petitioner dated 5th July 2007 and 19th July 2007 and 20th June 2008. However, all of them remained unreplied. As per the report of the Registry, the Respondents have been served. However, nobody is present on behalf of the Respondents. Till today, no reply has been filed. None is present on behalf of the Respondents. Hence, Petition heard and decided ex-parte. 4. In view of the uncontroverted facts and that there is an arbitration clause between the parties which is valid, subsisting and binding, the Secretary to the Government of India, Ministry of Defence is appointed as the Sole Arbitrator. Ordered accordingly. The Sole Arbitrator shall enter upon the reference and decide the dispute expeditiously. Petition disposed of accordingly. No order as to costs. CHIEF JUSTICE