1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Misc. Civil Application No.645 of 2008 (Arbitration) (Sanjay s/o Sadhuram Tah v. The Principal General Manager, Telecom and another) And Misc. Civil Application No.644 of 2008 (Arbitration) (Sanjay s/o Sadhuram Tah v. The Principal General Manager, Telecom, and another) CORAM : R.C. Chavan, J. Dated : 6th May, 2009 By these two applications under Section 11 of the Arbitration Act, the applicant seeks appointment of Arbitrator because of certain disputes between the petitioner and the respondent Bharat Sanchar Nigam Ltd. The parties attempted to narrow down the controversy and eventually it was found that a sum of Rs.3,27,958/- was due from the BSNL to the applicant. According to BSNL, a sum of Rs.1,74,667/- is the liability of the applicant towards EPF dues. Deducting this amount, the BSNL has issued a cheque in the sum of Rs.1,53,291/-. The petitioner’s grievance is thus met. As far as the amount of Rs.1,74,667/- in respect of 2 petitioner’s liability towards EPF dues is concerned, if the petitioner furnishes no dues certificate from the EPF authorities, the respondent BSNL undertakes to even pay this amount to the petitioner within two weeks from the submission of the no dues certificate from the EPF authorities. The respondent BSNL has also, as a good gesture, though it is not a part of the controversy of these applications, returned the bank guarantee, which the petitioner had furnished. Shri G.T. Badole, Assistant General Manager (Operations), BSNL, who is present in Court, makes a statement that a sum of Rs.1,74,667/- would be paid to the petitioner within two weeks from submission of no dues certificate from the EPF authorities. In view of this, since the dispute does not survive, both the applications are allowed to be withdrawn and disposed of as such. JUDGE Lanjewar