VBC 1 arp52.09-25.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE ARBITRATION PETITION NO.52 OF 2009 Faber Heatkraft Industries Ltd. ...Petitioner. Vs. Mr.Dattatrey Dagdu Khedkar & Ors. ...Respondents. .... Mr.Vikramaditya Deshmukh i/b.M/s.Desai & Diwanji for the Petitioner. None for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD, J. November 25, 2010. P.C. : A notice was issued by this Court on 9 September 2010. Subsequently, on 21 October 2010, the Petitioner was allowed to serve the Respondents by an Advocate’s notice. An affidavit of service has been filed. 2. This is a Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996. The arbitration agreement is contained in clause 15 of an Agreement to sell that was entered into between the Petitioner and the Respondents on 20 July 2007. The VBC 2 arp52.09-25.11 Respondents terminated the agreement on 30 October 2007. The Petitioner invoked arbitration by a notice dated 3 November 2007. In a reply of the Respondents’ Advocate dated 8 November 2007, the defence that was raised was that upon the termination of the agreement, all the conditions of the agreement including Clause 15, would come to an end. This contention is clearly in the teeth of clause (a) of sub-section (1) of Section 16 which postulates that an arbitration clause which forms part of the contract shall be treated as an agreement independent of the other terms of the contract. 3. Disputes have arisen between the parties. There is an arbitration agreement which has been validly invoked. This Court has jurisdiction to entertain the application. -4. In the circumstances, the Arbitration Petition is disposed of by appointing Shri Justice Anil B.Naik, former Judge of this Court as sole Arbitrator, under the Arbitration and Conciliation Act, 1996. 5. The Registrar (Judicial) shall forthwith communicate a VBC 3 arp52.09-25.11 copy of this order to the sole arbitrator together with a memorandum of address of parties. ( Dr.D.Y.Chandrachud, J.)