IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINRY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3841 OF 2008 IN SUIT NO. 1125 OF 2008 HRL Township Developers Ltd. ..... Plaintiffs. Vs. Sai Subham Property Management. ..... Defendants Mr.Sanjay Jain i/by Pravin Mehta & Co. for the Plaintiffs. Mr. Swapnil Bangera i/by M/s.Vinod Mistry & Co. for Defendants. CORAM : A.A. SAYED, J DATE : JUNE 12, 2009 P.C. 1. The above Notice of Motion is taken out by the defendants to refer the matter to arbitration. 2. The Suit is based on the Memorandum of Understanding dated 13th September, 2006 and clause 19 thereof clearly stipulates reference of any dispute to arbitration. 3. After this court expressed its inclination to allow the Notice of Motion, at the request of the learned Counsel for the parties, matter was kept back. After some time, the learned Counsel for the parties mentioned the matter and stated that the parties have agreed that Justice Shri Parkar (Retired) may be appointed as a Sole Arbitrator and that Justice Shri Parkar (Retired) has consented to the same. 4. Accordingly, by consent of the parties Justice Shri Parkar (Retired) is appointed as a Sole Arbitrator and the parties are directed to take steps in that regard without delay. The learned Counsel for the defendants states that he will file copy of the Agreement, duly certified on record within two weeks. 5. The Notice of Motion is made absolute in the above terms. 6. The Notice of Motion as well as Suit to stand disposed of. 7. Refund of Court fees as per rules. [A.A.SAYED, J.]