1 S.1940.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1940 OF 2010 Leena Electro Mechanical Pvt. Ltd. & Anr. ... Plaintiffs. V/s. The Union of India and Ors. ... Defendants. Mr. A.M. Vernekar for the Plaintiffs. Mr. Suresh Kumar for Defendants 1 to 3. Mr. Rajmani Verma for Defendant 4. CORAM : R.Y. GANOO, J. DATED : 6th AUGUST 2010. P.C. :- In the present Suit, the Plaintiffs had applied for certain ad-interim reliefs. In the course of hearing of the said ad- interim application it was noticed that on the basis of the 12 agreements between the Plaintiffs on one hand and Defendant No.1, there is a provision for reference of the dispute to the arbitrator to be appointed by the General Manager, Central Railway as per Clause 64(3)(a)(ii) of General Conditions of Contract and it was contended by the learned Counsel for Railways that the dispute covered by the present Suit can be referred to such an arbitrator if Court passes an order directing the General Manager, Central Railway to constitute Arbitral Tribunal. 2 S.1940.10.sxw 2. Having noted the arbitration clause, if Arbitral Tribunal is constituted the dispute between the Plaintiffs and the Defendant Nos. 1 to 3 as regards present Suit can be decided by Arbitration. In my view, this would meet the ends of justice. Interim arrangement can be made to protect the rights of the parties 3. In view of the aforesaid discussion, following order is passed :- (i) The General Manager, Central Railway is hereby directed to constitute the Arbitral Tribunal concerning of a Panel of three Gazetted Railway Officers as the Arbitrators as per the appointment procedure specified under Clause 64(3)(a)(ii) of General Conditions of Contract to adjudicate upon the dispute raised in the present Suit between the Plaintiffs and Defendant Nos.1 to 3. Once such an Arbitral Tribunal is constituted, it is hereby ordered that Defendant Nos.1 to 3 shall not raise before the Arbitral Tribunal any plea and/or objection that either the subject matter of the Suit or part of the Suit claim falls within the excepted matters or that the claim exceeds 20% of the contract/s value. (ii) After the Arbitral Tribunal is constituted, the Plaintiffs will be intimated about the same by the Central Railway. Upon receiving intimation of constitution of Arbitral Tribunal, within 30 days thereof, the Plaintiffs 3 S.1940.10.sxw shall be at liberty to make an application for interim measures so as to seek appropriate protection from the Arbitral Tribunal. (iii) Ad-interim orders passed in this Suit by this Court on 13.07.2010 to continue to operate till such an application is decided by the Tribunal. If the Plaintiffs do not make an application for interim measures within 30 days as set out aforesaid, interim relief granted by this Court on 13th July 2010 shall stand revoked accordingly. 4. In view of the aforesaid order, the present Suit stands disposed of. There shall be no order as to costs. Refund of Court fees granted as per Rules. 5. In view of the above order, Notice of Motion Nos. 1936 and 1967 of 2010 are disposed of with no order as to costs. All office objections except office objections regarding Court fees are dispensed with. If full Court fees has been paid, refund as per Rule will be granted. (R.Y. GANOO, J.)