VBC 1 arbap115.10-23.12 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.115 OF 2010 M/s.Safe Clearing & Forwarding Pvt.Ltd. ...Applicant. Vs. M/s.Asahi India Glass Ltd. ...Respondent. .... Mr.Narayan Kumar i/b.Mr.K.R.Shekhawat for the Applicant. Ms.Tasnem Zariwala i/b.Intra Legal for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. December 23, 2010. P.C. : The arbitration agreement between the parties is contained in Clause 15 of the Works Contract awarded by the Respondent to the Applicant on 15 April 2008. Under the contract, the Applicant was awarded the work of clearing, forwarding and transportation of goods from the Plant of the Respondent at Taloja to Nhava Sheva and Mumbai Ports. The contract contains an arbitration agreement providing for a reference to arbitration of an arbitrator approved by the Bombay Chambers of Commerce and Industry. The Applicant invoked arbitration on 19 April 2010 on the ground that its invoices had not been paid. There was no response from the Respondent and accordingly, the present proceedings were initiated under Section 11(6) of the Arbitration VBC 2 arbap115.10-23.12 and Conciliation Act, 1996. The arbitration agreement is not in dispute. The contentions which have been raised on behalf of the Respondent are in respect of the merits of the claim which is a matter which has to be dealt with by the Arbitrator. The arbitration agreement has been invoked and this Court has jurisdiction to entertain the present proceedings. Accordingly, the Arbitration Application is disposed of by appointing Shri Shailesh Shah, Advocate as sole arbitrator under the Arbitration and Conciliation Act, 1996. The Prothonotary and Senior Master shall forthwith communicate a copy of this order to the sole arbitrator together with a memorandum of address of parties. ( Dr.D.Y.Chandrachud, J.)