1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 83 OF 2003 M/s. Premlaxmi & Co. ... Applicants Vs M/s. Konkan Railway Corporation Limited. ... Respondents Mr. Dipak Deshmukh i/b M/s. K.P. Tiwari & Co. for the Applicants. Ms. L. Panchaksharai for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 1ST JULY, 2010. P.C. : 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator. 2. The Respondents had awarded a construction contract to the applicants. Clauses 62 and 63 of the General Conditions of Contract, which form a part of the agreement between the parties, pertain to arbitration. 2 3. The defence regarding delay does not justify a refusal of this application. If the claims are barred by limitation, the question as to limitation will be considered by the learned Arbitrator. 4. I am not inclined to permit the parties to deviate from the procedure as prescribed in the arbitration agreement. Assuming that there is failure on the part of the Respondent to nominate the Arbitrator there is nothing to indicate that the same was done mala fide or for any public purpose. 5. In the circumstances, the Arbitration Application is allowed. The parties shall nominate the Arbitrator in accordance with clauses 62 and 63 of the General Conditions of Contract. The procedure shall be completed on or before 31st August, 2010. 6. The Arbitration Application is, accordingly, disposed of.