1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.545 OF 2009 IN ARBITRATION PETITION NO.582 OF 2009 Discovery Properties & Hotels Pvt. Ltd. .... Appellant V/s. City and Industrail Development Corporation of Maharashtra Ltd. And Ors. ..... Respondents Mr.Hiroo Advani with Mr.Dinesh Pednekar i/by M/s.Advani & Co., for the appellants. CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ. DATE : DECEMBER 01, 2009 P.C. 1. We see no reason to interfere with the impugned order passed by the learned Single Judge, as the learned Single Judge found that there is no arbitration clause in the agreement. Secondly, the learned Single Judge found that the appellant has committed default in making payment of the installments in spite of extension. Prima facie, the learned Single Judge was perfectly justified in passing the impugned order. We however, clarify that these observations are tentative in nature and it will have no bearing so far as Section 11 of the Arbitration Act, is concerned. 2. The learned counsel for the appellant submitted that the representation before the Managing Director of the respondent, is still 2 pending. The Managing Director of the respondent shall take appropriate decision in accordance with law on the representation of the appellant if any, within a period of four weeks from today. Such decision may be taken after hearing the present appellant. 3. In view of what is stated above, the appeal is accordingly dismissed. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)