Kambli 1 ArbA192.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.192 OF 2010 ... M/s.Rajdeep & PMCC Infrastructure & Ors. ...Applicants v/s. Maharashtra State Road Development Corporation Ltd. ...Respondent ... Mr.Kishore M. Jawle for the Applicant. Mr.P.P.Chavan i/b Ms.R.J.Nathani for Respondent. ... CORAM: D.K.DESHMUKH, J. DATED: 21st April, 2011 P.C.: 1. This is an application filed under Section 11 for appointment of arbitrator. There is no dispute between the parties that there is a arbitration clause in the contract between the parties, under which the Respondent has to appoint an arbitrator. The dispute between the parties is whether steps that have to be taken before invoking the Kambli 2 ArbA192.10 arbitration clause have been taken or not. According to the Respondent/Corporation, the Petitioner would be entitled to Rs.1,01,00,129/-, which according to the Corporation is the final amount determined by the Engineer. According to the Petitioner/contractor, however, he is entitled to Rs. 3,28,00,000/-. As according to him after negotiation of the claim with the Chief Engineer of the Respondent-Corporation, that was the final figure arrived at and the Petitioner has agreed to accept that amount as full and final settlement of the claim. But it is also common ground that neither the amount of Rs.1,01,00,129/- is paid by the Corporation nor the amount of Rs.3,28,00,000/- is paid by the Corporation. In my opinion, as existence of the arbitration clause in the contract itself is not in dispute, following order would meet the ends of justice. O R D E R (i) The Respondent/Corporation shall within a period of four weeks from today, without prejudice to its rights and contentions, appoint a person possessing the Kambli 3 ArbA192.10 qualification as per the contract as an arbitrator and refer the disputes between the parties to him. (ii) It shall be open to the Corporation to urge before the Arbitrator that the arbitration clause was not properly invoked and therefore the Arbitrator does not have jurisdiction to adjudicate the dispute. (iii)All contentions available to both parties are kept open. (iv)Petition disposed of. (D.K.Deshmukh, J.)