(1) WP782-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 782 OF 2010 Oza Associates, through its Proprietor Gopal s/o Rameshwar Oza PETITIONER VERSUS The Union of India and others RESPONDENTS ..... Mr. M.N. Deshmukh, advocate for the Petitioner. Mr. P.G. Godhamgaonkar, advocate for the respondent Nos. 1 to 3. Mr. Alok Sharma, Assistant Solicitor General for the respondent Nos. 4 and 5. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 27th JULY, 2011 ORAL ORDER: 1. The petition has been filed by a Proprietory Concern contending that by an order dated 24th December, 2009, the respondent No. 5 has terminated his contract arbitrarily and prematurely, thus violating its fundamental rights. 2. The learned advocate for the petitioner points out that there was an arbitration clause in the agreement between the parties under which the petitioner could avail of the arbitration proceedings (2) WP782-10 in respect of certain aspects if the contract is breached. According to him, the termination of the contract would not be covered by the arbitration clause and, therefore, a writ petition is maintainable. 3. In our opinion, this submission is untenable. Assuming that there is a clause of arbitration which covers only part of the contract between the parties, the termination of the contract can always be challenged by the petitioner before the appropriate forum. The petition which involves disputed questions of fact is, therefore, dismissed. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] npj/wp782-10