1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC.CIVIL APPLICATION NO.242 OF 2009 (LANCO INFRATECH LTD..Vs.. STATE OF MAHARASHTRA & OTH.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri D.C.Daga, Advocate for Applicant. Shri Anoop Parihar, A.G.P. for Respondent No.1. Shri R.S.Parsodkar, Advocate for Respondents No.2 & 4. CORAM : R.C.CHAVAN, J. DATED : JULY 09, 2009. 1. This is an application for appointment of an Arbitrator in respect of the dispute between the petitioner- contractor and respondents No.2 and 3 Municipal Corporation. According to the Corporation, before the petitioner could invoke arbitration clause it was necessary for the petitioner to file an appeal before the Superintending Engineer-respondent No.3 in terms of Clause 75 of the contract. The petitioner states that such an appeal had already been filed with the authority concerned and a copy whereof is at page 54 of the compilation. However, according to the respondent-Corporation, no such appeal has been received by the Corporation though it appears to have 2 been sent through DTDC Courier and there is an endorsement “Not Accepted – Wrong Designation”. 2. Be that as it may, now, since the respondents have appeared and are in know that the appeal has been filed, a copy whereof is also received by them along with application, the learned counsel for the respondents states that this appeal would be decided within a period of thirty days from today. 3. In view of this, the application is disposed of. JUDGE RR.