1 arp18-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.18 OF 2010 Sammon Engineering & Earthmoving Corpn. ....Petitioner V/s. M/s.Shaktikumar M. Sancheti Ltd. ....Respondent Mr.Vishwajit P. Sawant for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. A construction contract dated 17.10.2005 was entered into between the parties. Clause 12 thereof contains an arbitration agreement. 3. Disputes and differences having arisen between the parties, the Petitioner invoked the arbitration clause by a letter dated 4.5.2010. 4. In the facts and circumstances of the present case, the question of limitation must be left for the decision of the arbitrator. The defence as to limitation ought not to be decided in this petition. It is also important to note that the arbitration application under section 9 of the said Act was made in the Court of District Judge, Pune. A joint pursis was filed by the parties, in which the Respondent inter-alia undertook not to encash the bank guarantee till the arbitrator finally decides the matter. The interim 2 arp18-10 application is in respect of the encashment of the bank guarantee. The Respondent has also therefore obviously agreed to have the disputes referred to arbitration. 5. In the circumstances, the arbitration petition is disposed of by appointing Hon’ble Mr.Justice B. V. Chavan (Retd.) as a sole arbitrator.