1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC. CIVIL APPLICATION (ARBITRATION) No. 607/2010. M/s. Deisgno Group -VERSUS- Bhandara District Chemist and Druggist Association, Bhandara and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI, J. DATED : 17.06.2011. Heard Shri N.K. Dwivedi, learned Counsel for the Applicant and Shri V.D. Muley, learned Counsel for respondents/non-applicants. Arbitration clause as also service of notice is not in dispute. Only defence of non-applicants is, the work as per the contract was worth Rs.45,44,210/-, while actual payment made is roughly Rs. 52,00,000/-. Shri Muley, learned Counsel for non- applicants contends that as payment in excess of 2 Rs.45,00,000/- i.e., the contract amount is made, there is no arbitrable dispute. The contention cannot be accepted. In any case the question, whether payment being claimed is for items under contract or otherwise, can be looked into by the Arbitrator. Hence Shri L.A. Mohta, Advocate (Nagpur) is appointed as Arbitrator to conduct the proceedings at Nagpur. The applicant to deposit an amount of Rs. 5000/- with the registry of this Court within a period of four weeks, towards processing charges. In view of above, Misc. Civil Application is disposed of . JUDGE Rgd