IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 1 OF 2008 M/s. Ganit Solutions ... Petitioner Vs SQTL Solutions Pvt.Ltd. .. Respondent Mr. Vilas P. Tapkir for the petitioner. CORAM: SWATANTER KUMAR, C.J. DATE : 8TH AUGUST , 2008 P.C.: Nobody is present on behalf of the respondent. Affidavit of service has been filed. This petition is heard exparte. The parties were entered into the Memorandum of Understanding dated 1st July, 2006 which contains the arbitration clause No.25 which reads as under: “25. All disputes and differences of whatsoever nature arriving out of this MOU, whether during its term or after expiry thereof or prior termination shall be referred to a legal arbitrator whose decision shall be final on every matter arising hereunder. The venue of the arbitration shall be at Pune and the provision of the Arbitration and Conciliation Act 1996 shall apply.” 2. Before filing the petition, the petitioner had also issued letter dated 11th January, 2007 stating that they had appointed Mr. Chandrasekhar Chitale as the Sole Arbitrator. The notice was also issued on 5th October, 2007. However, the said Arbitrator declined to commence the arbitration proceedings and expressed his inability to act in that capacity. 3. In view of the above facts, the petitioner has satisfied the basic ingredients of the petition under section 11 of the Act and consequently, Mr. K.M. Dhakephalkar, Retired District Judge is appointed as Sole Arbitrator who will enter into the reference and proceed in accordance with law. Petition stands disposed of accordingly. CHIEF JUSTICE