1 arbap211-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ABRITRATION APPLICATION NO.211 OF 2007 N.V. Thakkar of Mumbai ....Applicant V/s. Bank of India ....Respondent Mr.Subodh Joshi i/b Mr.N.M. Shah for the Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 22ND JULY, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. The Applicant was appointed as a recovery agent on the terms and conditions contained in an agreement dated 13.9.2006. The agreement contained a schedule of commission. It also contains an arbitration clause, which reads as under :- “(w). In the event of any dispute regarding the liability of any one party hereto and arising out of this Agreement, the same shall be referred to the arbitration of the Zonal Manager of the Bank or the person nominated by him and his decision shall be final and binding on the parties. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to such Arbitration”. The Respondent is absent despite service. 2. Even in the correspondence, the Respondent’s contention appears to be that an amount had been paid in full and final satisfaction. There is no evidence that the part payment had been accepted in full and 2 arbap211-07 final settlement. From the Applicant’s letter dated 3.10.2007, it appears that the part payment had been directly credited to the Applicant’s account. 3. The Applicant invoked the arbitration clause by an application dated 3.10.2007. In the facts of this case, I do not intend deviating from the arbitration clause regarding the appointment of an Arbitrator although I have the power to do so in view of the Respondent’s refusal to appoint an Arbitrator. I see no reason to presume that the Arbitrator appointed in accordance with the arbitration clause would act mala-fide. 4. In the circumstances, the Application is allowed by directing the Zonal Manager of the Bank or any person nominated by him on or before 31.8.2010, to act as a sole Arbitrator.