1 ARBAP157.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 157 OF 2007 M/s. Air Wide Express Cargo ... Applicant Vs Union of India ... Respondent Mr. Mikhail Behl with Ms. Sneha Patil i/b Sonal Doshi & Co. for the Applicant. Mr. Chetan Agrawal for the Respondent. 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. The parties had admittedly entered into an agreement for booking luggage space on the trains. The agreement contains an arbitration clause. According to the Applicants, they mentioned the 2 ARBAP157.07 correct number of the train, but inadvertently mentioned the destination as “Delhi” instead of “Dehradun”. The Applicants claim the difference in freight between Delhi and Dehradun. The only submission is that the claim is unfounded. That may well be so. However, that is an aspect which cannot be considered in an application under section 11. It must be considered by the arbitral tribunal. 3. In the circumstances, the application is allowed. The parties are directed to proceed in accordance with clause 25 of the agreement. The General Manager, Western Railway, shall appoint the Arbitrator in accordance with the said clause within eight weeks from today. 4. The Arbitration Petition is, accordingly, disposed of.