1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 776 OF 2005 NAMDEO KASHINATH AHER & ANR. .. PETITIONERS Vs. M/s. HINDUSTAN PETROLEUM CORPORATION LTD. & ORS. .. RESPONDENTS Mr. C. J. Sawant with P.P. Chavan i/b Vinay M. Bhate for petitioners Mr. M. D. Siodia i/b Rustomji & Ginwala for R-1 to 4 CORAM: SMT. RANJANA DESAI & SMT. R. S. DALVI,JJ. DATE: DECEMBER 10, 2007. P.C. . Heard learned counsel for the parties. 2. Perused the affidavit of Mr. Ashok Singh, Regional Manager of the 2nd respondent. Admittedly there is an arbitration clause in the agreement between the two sides. In view of the said arbitration clause and in the light of the judgment of the Supreme Court in Hindustan Petroleum Corpn. Ltd. v. M/s. Pinkcity Midway Petroleums, AIR 2003 SC 2881, and judgments of this court in Jivan 2 Service Centre v. Hindustan Petroleum Corporation Ltd., 1999(2) Arb. L.R. 638 (Bombay) and Hindustan Petroleum Corporation Ltd. v. Mr. Labhasingh Sohan Singh, Appeal from Order No. 797 of 2001, decided on 30/1/2002, learned counsel for the petitioners and learned counsel for 2nd respondent agree that they shall refer the dispute to the Arbitrator. No further order is necessary. 3. Petition is disposed of in the above terms. JUDGE JUDGE