BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.2 OF 2011 Kashish Park Realtors v. Hiralal and Co & Ors.

..... Ms. Deepa Kamath for the Petitioner. Mr. N.K. Tiwari i/b Anup Khaitan & Co. for Respondent No.1. ...... CORAM : DR.D.Y.CHANDRACHUD, J. 4 March 2011. P.C. : All the Respondents have been served. Counsel appearing on behalf of the Petitioner undertakes to file an affidavit of service within one week from today. The disputes and differences between the parties arise out of a Memorandum of Understanding dated 24 September 2004. Clause 7 of the Memorandum of Understanding contains an agreement to refer disputes and differences to arbitration. The Petitioner invoked arbitration by a letter dated 13 October 2010 and requested the Respondents to concur in the appointment of a sole arbitrator. No response was received to the letter. Though the First Respondent has appeared in these proceedings through counsel, no reply has been filed. None of the other Respondents have entered appearance though they are served. On the basis of the material on the record it is evident that there is an arbitration agreement between the parties. The arbitration agreement has been PNP 2 ARP2-4.3.sxw invoked. This Court has jurisdiction to entertain the Petition under Section 11(6) of the Arbitration and Conciliation Act 1996. The Petition is accordingly disposed of by appointing Shri Justice S.D. Pandit, Former Judge of this Court as sole arbitrator under the Arbitration and Conciliation Act 1996. The Registrar Judicial is directed to forthwith communicate a – copy of this order to the Learned Arbitrator together with a memorandum containing the address of the parties. (Dr. D.Y. Chandrachud, J.)