- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3037 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.A.Y.Bookwala with ¦ Mr.Rajadhakshya i/b AZB Partners ¦ for the Petitioners. ¦ Mr.Rajeevkumar with Mr.Dinesh ¦ Pednekar i/b Advani & Co. for ¦ Respondent No.1. ¦ ¦ ¦ CORAM: D.K.DESHMUKH & ¦ N.D.DESHPANDE, JJ. ¦ DATED: 30TH APRIL, 2008 P.C.: The learned Counsel appearing for the Respondent No.1 states that in the main contract between the parties there is an arbitration clause. He further states that if the Petitioner undertakes to this court to keep the bank guarantee current, the Respondent No.1 will not encash the bank guarantee for a - 2 - period of eight weeks from today. Statement is accepted. The learned Counsel appearing for the Petitioner states that the Petitioner undertakes to keep the bank guarantee current for a period of eight weeks from today. Statement is accepted. In our opinion, it is clear from these statements that there is an arbitration clause in the main contract and therefore, the Petitioner has a remedy of approaching the appropriate court under the arbitration clause available to him. Hence, petition cannot be entertained. It is disposed of. (D.K.DESHMUKH, J.) (N.D.DESHPANDE,J.)