1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION ARBITRATION PETITION NO.13 OF 2007 Sunil Sakhawatrai Sadhwani. .. Petitioner Vs. Bharat Sanchar Nigam Limited. .. Respondent -- Shri Vaibhav Mehta for the Petitioner. Shri S.D. Shukla i/by Shukla & Associates for the Respondent. -- CORAM : SWATANTER KUMAR, C.J. DATED : 20TH FEBRUARY, 2009. P.C. Learned Counsel appearing for the parties submit that a dispute raised by the Petitioner can be referred to an Arbitrator in accordance with Clause 17 of the General (Commercial) Conditions of the Contract between the parties. However, learned Counsel appearing for the Respondent makes it clear that the disputes raised by the Petitioner are not covered by Clause 17 of the said Contract and this question should be left open to be determined at the threshold by an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996. Consequently, the Respondent will nominate the Arbitrator in accordance with the provisions of Clause 17 of the said Contract between the parties within a period of four weeks from 2 today. The order is without prejudice to the rights and contentions of the parties and the objection raised by the Respondent before the Court is specifically kept open to be determined by the Arbitrator. The Petition is accordingly disposed of. CHIEF JUSTICE