1 ARBAP191.07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 191 OF 2007 M/s. M & M Construction. ... Applicant Vs 1. Union of India & anr. ... Respondents Mr. Toni S. Sachdevani for the Applicant. Mr. Suresh Kumar for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 15TH JULY, 2010. P.C. : 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator. 2. There is no dispute that the parties had entered into an agreement which contains the arbitration clause. The only defence is that the Applicant ought to have approached the Respondents after 90 2 ARBAP191.07.sxw days, but instead approached the Respondents after 120 days. The same would make no difference to an application under section 11. The period of 120 days has, in any event, gone by. 3. In the circumstances, the application is allowed. However, the reference shall be in accordance with clause 64 of the General Conditions of Contract. Parties shall proceed accordingly, including that the General Manager, Central Railway shall appoint the arbitral tribunal within eight weeks from today. 4. The Arbitration Application is, accordingly, disposed of.