*1* arbap.151.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.151 OF 2009 Mukesh K. Shah and another. ..Applicants -Versus- Vanita B. Gandhi and others. ..Respondents .......... Mr.Ajay K. J. Panicker, for the Applicants. None for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 02nd September, 2010. P.C. 1 This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. 2 The undertaking to file an affidavit of service within two weeks from today is accepted. 3 The Applicant and the Respondent Nos.1 and 2 had entered into a MoU dated 19.12.2008 under which the Applicant had agreed to purchase from the Respondent Nos.1 and 2 a property for a consideration of Rs.2.61 crores. The Applicant had paid a sum of Rs.30 lacs, stamp duty and certain other costs. Clause-11 of the said agreement contains an arbitration clause. The Respondent No.3 is only the constituted attorney of the Respondent Nos.1 and 2 and their predecessors in title. There is no agreement between the Applicant and the Respondent No.3. The application against the Respondent No.3 is, therefore, not maintainable and is dismissed. 4 The Respondent Nos.1 and 2 having failed to fulfill their obligations under the agreement, the Applicant invoked the arbitration *2* arbap.151.09.sxw clause by a letter dated 12.09.2009. 5 In the circumstances, the application is disposed of by appointing Mrs. Justice K.K.Baam (Retired) as a Sole Arbitrator. -