IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.213 OF 2007 M/s. R.K. Patel Engineers and Contractors Pvt.Ltd. ... Applicant Versus Deputy General Manager (C-NM) Mahanagar Telephone Nigam Limited and others. ... Respondents Ms. B.N. Dalal for the applicant. Mr. N.P. Shimpi for the respondents. CORAM : J.N. PATEL, ACTING C.J. DATED : 22ND JANUARY, 2010 P.C. Heard. The applicant has filed this application for referring the dispute to the Arbitrator and suggested that Mr. S.G. Vaidya or any other person be appointed as Arbitrator. 2. The case of the applicant is that the respondents have failed to appoint an Arbitrator as agreed between the parties in respect of the work of construction of telephone exchange building on plot No.22, sector 11, CBD Belapur, Navi Mumbai as per the contract entered into between the parties being agreement No.EE/C-PNM/02-03/02. 3. In response to the application, the respondents have stated that they have appointed Mr. V.K. Chadha, S.E.(Civil) Postal Civil Circle, Sion Post Office, Sion, Mumbai as Sole Arbitrator to decide and make his award regarding the claims/disputes by the applicant-contractor as admissible under Clause 53 of the said agreement. 4. The learned counsel appearing for the applicant submits that the applicant may be granted liberty to lodge with the Arbitrator claim statement which has not been referred to the Arbitrator. The learned counsel appearing for the respondents submits that not only the dispute relating to the claim statement tendered by the applicant is forwarded to the Arbitrator but also refund of service taxes and interest on security deposit have been referred. 5. In the aforesaid circumstances, nothing survives in the application as the respondents have already notified the Arbitrator which is acceptable to the applicant. Application is disposed of. ACTING CHIEF JUSTICE