1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION PETITION NO.285 OF 2007 Union of India. ...Petitioner. Vs. M/s.Jain Brothers. ...Respondent. .... Mr. Suresh Kumar for the Petitioner. Mr. Rakesh K. Singh for the Respondent. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 5, 2008. P.C.: The principal challenge to the arbitral award is that under Clause 42.2 of the Special Conditions of Contract, it was enunciated that the provisions of Clauses 63 and 64 of the General Conditions of Contract will be applicable only for a settlement of claims or disputes between the parties of a value less than or equal to 20% of the value of the contract. The value of the contract was Rs.1,22,41,974/-. The claim in arbitration was Rs.2,44,65,269/-. In view of the fact that the claim that was urged in the arbitral proceedings was in excess of 20% 2 of the value of the contract, it was urged on behalf of the Petitioner that such a claim was not arbitrable. In view of this submission, Counsel appearing on behalf of the Petitioner and the Respondent have agreed that by consent, the award of the arbitral Tribunal dated 30th March 2007, be quashed and set aside. Accordingly the award which is impugned in these proceedings shall stand quashed and set aside. By consent, parties have agreed to refer their disputes to arbitration subject to the condition that the Respondent who is the claimant shall restrict his claim in the arbitration to a value less than or equal to 20% of the value of the contract so as to bring the claim within the scope of arbitrability under Clause 42.2 of the Special Conditions of Contract. The Arbitration Petition shall accordingly stand disposed of. .....