1 arbap81-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.81 OF 2009 M/s.Rojiwadia Construction ....Applicant V/s. M/s.Infinity Industries Pvt. Ltd. & Ors. ....Respondents Mr.Toni Sachdevani for the Applicant. Mr.Sanjay Jain i/ L.D. Shah & Co. for Respondent No.1. None for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATE : 26TH AUGUST, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. There admittedly are disputes between the parties. There however, admittedly was no arbitration agreement between them. By a letter dated 31.12.2008, Respondent No.1 stated that he had requested the Applicant “to bring one person as arbitrator which was also not acceptable” by the representative of Respondent No.1. Thus all that the letter states is that a proposal which had been made earlier, was not accepted by the Applicant. Thereafter the Applicant by a letter dated 20.1.2009 stated that they had appointed a sole arbitrator and that the sole arbitrator had agreed to act as such subject to the Applicant producing the arbitration agreement. The Applicant accordingly requested 2 arbap81-09 Respondent No.1 to agree to the appointment of the said arbitrator as a sole arbitrator so that the arbitration agreement could be prepared. This letter cannot constitute an arbitration agreement. 3. In the circumstances, the application is dismissed.