-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 138 OF 2004 M/s. B.D. Shah & Co. ... Applicants Versus Union of India ...Respondents. with ARBITRATION APPLICATION NO. 140 OF 2004 Dilip Tarachand Rathi ... Applicant Versus Union of India ...Respondents. with ARBITRATION APPLICATION NO. 141 OF 2004 Dilip Tarachand Rathi ... Applicant Versus Union of India ...Respondents. with ARBITRATION APPLICATION NO. 142 OF 2004 Dilip Tarachand Rathi ... Applicant -2- Versus Union of India ...Respondents. Mr. Udaya Sankar Samudrala for the applicants. Mr. Suresh Mukar for respondents. CORAM: DALVEER BHANDARI, C.J. DATE: OCTOBER 01, 2004. P.C. Heard the learned counsel for the parties. 2. Sub-clause (3) (a) (i) of Clause 64 of general conditions of contracts reads as under: “Matter in question, dispute or difference to be arbitrated upon shall be referred for decision to: (i) A Sole Arbitrator who shall be the General Manager or a Gazetted Railway Office nominated by him in that behalf in cases where the claim in question is below Rs.5,00,000/- (Rupees Five lakhs only) and in cases where the issues involved are not of a complicated nature. The General Manager shall be the sole Judge to decide complicated nature” 3. The General Manager, Western Railway, is directed to either accept the arbitration or to appoint anyone in accordance with clause 64 above. The parties would be permitted to take all objections before the learned Arbitrator. -3- 4. This application is accordingly disposed of. CHIEF JUSTICE -4-