1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 168 OF 2009 Zapak Digital Entertainment Limited ).. Applicant Versus P.R. Badrish ).. Respondent Mr. Onkar Chandurkar a/w Ms.Bhavna Singh i/b Mulla & Mulla for the Applicant. None present for the Respondent. CORAM : J.N. PATEL, ACTING C.J. DATED : 11TH JUNE 2010 P.C. None present for the Respondent though served. Heard the learned Counsel appearing for the Applicant. 2. The Applicant has filed this Application for seeking an appointment of an Arbitrator in the matter of dispute between the parties who have entered into an Franchise Agreement on 20th November 2008. It is the case of the Applicant that the dispute has arose between the parties in respect of the transaction entered between the parties pursuant to the Franchise Agreement. The Applicant, therefore, sent a notice to the Respondent which was replied by letter 2 dated 30th March 2009 by the Respondent which was unsigned. Thereafter, correspondence ensued between the parties. As the Respondent did not agree to settle the dispute, the Applicant has invoked the arbitration clause in the Agreement. As the Respondent failed to refer the dispute for arbitration, as called upon by the Applicant, the Applicant has approached this Court by way of this Application. 3. The Application is not contested by the Respondent inspite of being served and, therefore, I proceed to appoint an arbitrator under Section 18 of the Franchise Agreement. Considering the nature and amount of claim, this Court appoints Smt.J.S. Kalyanpur, Former Judge of the City Civil Court, Mumbai as an arbitrator to adjudicate the dispute between the parties. 4. Application disposed of accordingly. 5. Office to take follow up action. ACTING CHIEF JUSTICE