1 ARP/30/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE ARBITRATION PETITION NO.30 OF 2009 Trimurti Builders & Developers. ...Petitioner. Vs. Palm Towers Co-op.Hsg.Soc. Ltd. ...Respondent. .... Mr.S.R.Nargolkar with Mr.Pankaj J.Das i/b.Mr.Rajesh S.Datar for the Petitioner. Mr.Simil Purohit with Ms.Trupti Shetye and Mr.Darshan Mehta i/b.Dhruve Liladhar & Co. for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 16, 2010. P.C. : This is a Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996. The arbitration agreement is contained in clause A.6.44 of the General Conditions of the Contract. Counsel appearing on behalf of the Respondent has not disputed the existence of an arbitration agreement, but it has been stated that before a reference to arbitration is, parties contemplated a decision of the Architect. Counsel appearing on behalf of the Respondent states that M/s.Kailas S.Savant & Associates, were appointed as Architects and continue to act as Architects. In view of the statement which has been made on behalf of the 2 ARP/30/09 Respondent, Counsel appearing on behalf of the Petitioner seeks leave to withdraw the Arbitration Petition since the Petitioner proposes to move the Architect in terms of the provisions of clause A.6.44 for a decision. In terms of the request made before the Court, the Arbitration Petition is dismissed as withdrawn. Liberty to apply. ......