1 arbap201-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.201 OF 2010 M/s.Steamline Industries Ltd. ....Applicant V/s. M/s.Stakoo Industries Pvt. Ltd. ....Respondent Mr.Devvrat Dhankar i/b Mr.H.S. Khalsa for the Applicant. Mr.M.A. Purnnaya with Mr.Kalpesh Joshi for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 18TH FEBRUARY, 2011. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The agreement dated 16.12.2009 was entered into between the parties which contained the following clause :- “Clause 15 - ARBITRATION : All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this contract or the breach thereof shall be settled by friendly negotiations between the two parties. If no settlement can be reached, the case in dispute shall then be submitted for arbitration to the relevant authority in England. The contract shall be governed and construed by English Law.” 3. It was contended in paragraph 3(e) of the application that the reference to English Law and the requirement that the disputes be sub mitted for arbitration to the relevant authority in England were on account 2 arbap201-10 of a mutual mistake which has crept in inadvertently and by oversight of the parties in drafting the arbitration clause. The respondent has expressly denied the same in paragraph 11 of the affidavit in reply. 4. There is no application either in the present application or in any other proceedings for rectification of the alleged mistake. Unless the alleged mistake is rectified, it is not possible to entertain this application on the basis of an arbitration clause as sought to be modified by the applicant. In the absence of the clause being rectified, the arbitration agreement contained therein can only be enforced in terms thereof and not otherwise. 5. On this ground alone, the arbitration application is dismissed. Needless to add that this order will not preclude the applicant from taking out any other proceedings including for rectification and for a reference of the disputes to arbitration. If such an application is made, it will be decided on its own merits. All the rights and contentions of the parties including as to the effect of this order and the effect of the above application are kept open.