arp8-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.8 OF 2010 Nilesh & Bhavya Kenkare ....Petitioner V/s. The Commissioner & Anr. ....Respondents Mrs.Neeta P. Karnik for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 16TH SEPTEMBER, 2010. P.C. :- 1. The petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996. 2. The clause relied upon by the petitioner in support of this petition reads as under :- “7. DISPUTE : In case of dispute between Architect and owner arising in any manner shall be settled by the city Engineer of the Corporation. If the Architect is not agreeable to the decision given by city engineer then he can approach to the Commissioner and Commissioner’s decision will be final. Further shall be subject to the Jurisdiction of Kalyan, or alternatively settled by an Arbitrator if mutually agreed.” 3. There admittedly is no agreement between the parties to settle the disputes by arbitration. The reference to an arbitration is only “if mutually agreed” by the parties. 4. In the circumstances, the arbitration petition is dismissed.