arbap105-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.105 OF 2009 M/s.Crystal Developers ....Applicant V/s. Mohammed Akbar Abdul Kadar Bhabha ....Respondent Mr.S.U. Kamdar,Senior Counsel with Mr.D.V. Deokar i/b M/s.Parimal K. Shroff for the Applicant. Mr.Rajiv Narula with Mr.Pramod Bhosale i/b Jhangiani, Narula & Associates for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. It is common ground that an earlier M.O.U. dated 13.7.2007 and the supplement M.O.U. dated 6.11.2007 stood merged in a further M.O.U. executed by the parties. It is agreed that the arbitration clause applicable between the parties is the one contained in the third M.O.U. It is clause 21. The effect of the earlier M.O.Us. and the alleged suppression thereof is a matter for the arbitrator to take into consideration. 3. In the circumstances, the arbitration application is disposed of by appointing Hon’ble Mr.Justice S.P. Kurdukar (Retd.) as a sole arbitrator.