pvr 1 aa145-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.145 OF 2011 Hiren Aluminium Ltd. ...Applicant vs. The Maharashtra State Road Transport Corporation. ...Respondent --- Mr.Raj Patel @ Ibrahim Merchant i/b. K.V.Aiyar & Associates, for Applicant. Mr.G.S.Hegde, for Respondent. --- CORAM: D.K.DESHMUKH, J. DATED: 23rd September,2011. P.C.:- 1. Heard. Admittedly, there is an offer of the applicant submitted by the applicant pursuant to the invitation floated by the respondent which has been accepted. The arbitration clause which is invoked, pvr 2 aa145-11 reads as under:- “N) Decision of Disputes:- Any dispute that may occur shall be settled at the level of the Vice Chairman and Managing Director, MSRTC. However, if the dispute pertaining to technical issues shall be referred to the Technical Advisory Committee formulated by MSRTC, whose decision shall be final shall decide the matter.” According to the applicant, the dispute between the parties is of technical nature, and therefore, the applicant called upon the respondent to appoint a Technical Advisory Committee and to refer the dispute to Technical Advisory Committee for decision. There is no reply to the communication, therefore, this application has been filed. In reply, it is contended that the above quoted clause does not amount to arbitration agreement. 2. I have heard the learned Counsel appearing for both the sides on this question. Sub-section (1) of Section 7 of the Arbitration & Conciliation Act pvr 3 aa145-11 lays down that in part (1) of the Arbitration & Conciliation Act the arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. That there is legal relationship between the parties, is not in dispute. The above quoted clause lays down that if the dispute pertains technical nature then it shall be referred to the Technical Advisory Committee appointed by the respondent. It further lays down that the decision of that committee shall be final. In my opinion, these all are the characteristics of valid arbitration clause. Therefore, the contention urged on behalf of the respondent that this does not amount to arbitration clause, has no substance. Admittedly, the Technical Advisory Committee is not in existence. However, in paragraph 5 of the reply filed by the respondent, the respondent has stated that the Committee would be appointed by the respondent. In this view of the matter, therefore, the respondent is directed to appoint Technical Advisory Committee referred to in Arbitration Clause within a period of pvr 4 aa145-11 four weeks from today and the disputes between the parties are referred to that committee. The application is disposed of. (D.K.DESHMUKH, J.) ---