1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Arbitration Application No.3 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. This is an application seeking appointment of an Arbitrator in view of terms of the Arbitration clause as contained in the agreement between the parties. 2. Heard learned counsel for the parties. 3. The real dispute appears to be in respect of the preparation of final bill after joint measurement of the work carried out by the applicant. The contention of the Respondent is that the applicant eluded from repeated requests for joint measurement of the work which was carried out by him. It is significant to note that clause 64 (1)(i) of the agreement would make it clear that the demand for reference to the Arbitrator may be entertained only after presenting the final claim in disputed matter. Obviously, the final bill is required to be drawn and for this purpose joint measurement is must. 4. Counsel for the applicant submits that the applicant is ready and willing to attend the joint measurement. The applicant shall inform in writing about his presence, personally or through any responsible agent/authorised employee, to attend the joint measurement within a period of three (3) weeks hereafter. The Respondent thereafter shall arrange for joint measurement in presence of the applicant or his authorised employee/agent. After the joint measurement, the applicant may submit final bill and thereafter if any dispute remains as regards the payment, he would be entitled to file afresh application seeking appointment of Arbitrator as per terms of the Arbitration clause. The present application is disposed of in above terms. (V.R.KINGAONKAR,J.) Dt.06.11.2009. asp/office/Arbapp3.09