1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC. CIVIL APPLICATION (ARBITRATION) No. 487/2011 M/s. Nikita Enterprises. -VERSUS- Principal General Manager, Bharat Sanchar Nigam and another. with MISC. CIVIL APPLICATION (ARBITRATION) No. 488/2011 M/s. Sudesh Kumar Shivhare . -VERSUS- Principal General Manager, Bharat Sanchar Nigam and another. with MISC. CIVIL APPLICATION (ARBITRATION) No. 489/2011 M/s. Nikita Enterprises. -VERSUS- Principal General Manager, Bharat Sanchar Nigam and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI, J. DATED : 17.06.2011. Heard Shri S.D. Zooting, learned Counsel for the Applicants and Mrs. M.P. Munshi, learned Counsel for non-applicant. Existence of Arbitration Clause is not in dispute. Service of notice is also not in dispute. The only contention of non-applicant is, there is no arbitrable dispute between the parties. The contention is, unless and until the E.P.F., amount is cleared by the 2 applicants, they cannot claim any recovery from the non-applicant. Reliance is being placed upon the order dated 06.05.2009 in Misc. Civil Application Nos. 645 and 644 of 2008 passed by this Court. I have perused the order dated 06.05.2009. There this Court found that the applicants/contractor were ready and willing to clear the E.P.F. outstanding and therefore, dispute itself has been resolved oblivioting appointment of Arbitrator. This Court has not found that there is no arbitrable dispute. Whether the non-applicant can retain the amount due to the applicant, because the E.P.F. is not cleared, is itself a dispute. In this situation, I find that there is no substance in the defence being raised. Accordingly, the application as filed is allowed. The Chief General Manager, Maharashtra Telecom Circle or any person as envisaged under Clause 17.1 of the Agreement between the parties is appointed as Arbitrator. In view of above, Misc. Civil Application is disposed of . No costs. JUDGE Rgd