1 arp47-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.47 OF 2008 M/s.Paresh Construction ....Petitioner V/s. M/s.Silver Rain Exports Pvt. Ltd. ....Respondents Mr.Devvrat Dhankar i/b Mr.S.S. Phadke for the Petitioner. Mr.Bharat A. Punekar i/b Mr.Y.R. Shah for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 12TH AUGUST, 2010. P.C. :- 1. This is a petition under section 11 of the Arbitration and Conciliation Act, 1996. 2. There is no dispute that the parties have entered into a construction contract dated 7.10.2002 and that clause 4.41 therein is an arbitration agreement. The Respondents have not disputed that the claims raised fall within the purview of the arbitration agreement. 3. The only contention is that the Architect has given his decision. The contention is not well founded for two reasons. Firstly, the decision does not appear to be that of the Architect contemplated in the arbitration agreement but of the Engineer. It is a quality audit report. Secondly, even assuming that it is a decision of the Architect, it would make no difference for the Applicant being dis-satisfied with the same, would be entitled to invoke the arbitration clause. 2 arp47-08 4. Considering the costs involved, both the parties desire that the disputes be referred to a sole arbitration and not to a tribunal of three Arbitrators. 5. In the circumstances, the petition is disposed of by the following order :- i). The disputes and differences between the parties are referred to the sole arbitration of Prof.M.G. Deobhakta, Fellow of Indian Institute of Architect. No order as to costs.