ARBAP.109-2009 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 109 OF 2009 M/s Maglink Infraprojects (P) Ltd. ..Applicant. V/s. M/s LSP Construction Systems Pvt. Ltd. ...Respondent. -- Mr. Rakesh Singh i/b Mr. Toni Sachdevani, for, for Applicant. Ms. Prachi Mhatre i/b M/s Bodhanwala & Co., for Respondent No.2. -- CORAM : S.J. VAZIFDAR, J. DATE : 28TH OCTOBER, 2010. P.C. :- 1] This is an application under section 11 of the Arbitration and Conciliation of Act, 1996. 2] The second respondent is Rashtriya Chemicals and Fertilizers Ltd. who had awarded a contract in favour of the first respondent for demolition of certain construction. This contract permits respondent no.1 to appoint a sub-contractor. Pursuant thereto, the first respondent entered into a sub-contract with the applicant dated 5.6.2008. Disputes and differences have arisen between the applicant and the first respondent under the subcontract. Clause 10 thereof contains an arbitration agreement. The ARBAP.109-2009 said clause 10 reads as under: “Claims/Disputes: All Disputes differences and claims by and between the party of the First part and the party of the Second part herein shall be referred to a common arbitrator to be appointed by the Party of the First part and the Party of the Second Part by mutual consent, who’s decision shall be binding on both the parties hereto.” The disputes and differences between the applicant and the first respondent must therefore be referred to arbitration. 3] There is, however, no agreement between the applicant and the second respondent. The sub-contract is expressly only between the applicant and the first respondent. The arbitration clause is also restricted only to the disputes and differences between the applicant and the first respondent. There is nothing to indicate that there was any arbitration agreement between the applicant and the second respondent. 4] The application is therefore disposed of by appointing Mr. Justice V.G. Palshikar as a sole Arbitrator only in respect of disputes and differences between the applicant and the first respondent. The application qua the second respondent is rejected.