1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 985/2008(Arbitration) (M/s Sharma Electricals & Services, Nagpur Vs. U.O.I. & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. V.P. Kukday, Adv. for the applicant. Mr. S.B. Bangade, Adv. for Respondents. CORAM : Smt. Vasanti A. Naik, J. DATED : 22 nd JANUARY, 2009. By this miscellaneous civil application, the applicant seeks appointment of sole Arbitrator to adjudicate the claims of the applicant-Contractor which are detailed in the legal notice raising the dispute. It is brought to the notice of this Court by the learned counsel for the respondents that all disputes between the parties to the contract shall, after the notice by either of the parties to the contract to the other, be referred to the sole Arbitration of a serving officer having degree in Engineering or equivalent. It is the case of the non- applicants that the legal notice issued by the counsel for the applicant on 3/3/2008 is not in accordance with clause 70 of the Agreement for Arbitration. It is, in fact, stated in the reply issued to the legal 2 notice by the non-applicant on 31st March, 2008 that the Government has been and is still ready and willing to have the matter referred to the Arbitration in accordance with the provisions of the agreement and to do all things necessary for the proper conclusion of the reference. It appears from a reading of the miscellaneous civil application, the reply filed thereto, and the arbitration clause, that the legal notice issued by the applicant on 3/3/2008 is not in accordance with the provisions of clause 70 of the contract. It appears that the applicant has given a go-by to the provisions of Clause 70 of the Contract and has rushed to this Court for seeking an appointment of the sole Arbitrator. Shri Kukday, the learned counsel for the applicant, states that a necessary notice in accordance with the provisions of clause 70 of the Contract would be issued to the respondents for appointment of the sole arbitrator as the respondents are ready and willing for referring the matter to the sole Arbitrator in accordance with the terms of the contract. The miscellaneous civil application is disposed of accordingly. JUDGE RMP