*1* 34-142-10 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.142 OF 2010 M/s. Asmita India Ltd ..Applicant. v/s. Shri Saibaba Sansthan Trust, Shirdi ..Respondent. Mr. Bakul B. Bhosale, for Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 24 th JANUARY, 2011. P.C. :- 1 This is application under section 11 of the Arbitration and Conciliation Act, 1996. 2 The parties have entered into an agreement dated 21st November, 2005. Under the said agreement, the Applicant was to carry out various constructions for the Respondent. Clause 56 of the contract contained an arbitration clause. 3 Disputes and differences arose between the parties in respect of the alleged amount due and payable by the Respondent to the Applicant for the work done. The Applicant in accordance with the Arbitration clause referred the disputes to the Architect. The decision of the Architect with *2* 34-142-10 respect to the excepted matters is to be final and without appeal. The parties were entitled to invoke arbitration in the event of their being dissatisfied with the Architect’s decision in respect of the matters other than the excepted matters. 4 The Applicant invoked the Arbitration clause. The Architect instead of taking a decision purported to work as an Arbitrator which he was not entitled to. 5 Disputes and differences other than the excepted matters are, therefore, liable to be referred to the Arbitrator. It is, however, clarified that the question as to whether any claims falls within the excepted matters is left open for the decision of the learned Arbitrator. 6 Subject to the clarification, the application is disposed of by appointing Mr.Paresh Kapadia, who it is stated on behalf of the Applicant, is a fellow of the Indian Institute of Architects on behalf of the Respondent. The Applicant has appointed Mr. N.A.Badheka, who is also a fellow of the Indian Institute of Architects, as an Arbitrator. The said Arbitrators shall appoint the presiding Arbitrator and proceed with the reference. 7 The undertaking to file the Affidavit of service within one week from today is accepted.