1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 110 OF 2007 M/s. Shankar Ramchandra Earthmovers Pvt. Ltd. ... Applicants Vs 1. Union of India & anr. ... Respondents Mr. Rakesh K. Singh for the Applicants. Mr. Suresh Kumar for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 1ST JULY, 2010. P.C. : 1. This is application under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator. 2. There is no dispute that the parties had entered into a contract and that they were governed by the arbitration clauses therein viz. clauses 63 and 64 of the General Conditions of Contract. However, there is a cap of twenty per cent of the contract value in respect of the 2 claim. 3. The learned counsel appearing on behalf of the Applicant states that the claim shall be restricted to twenty per cent of the value of the contract. It is agreed that the Arbitrator shall also restrict the claim, if any, accordingly. 4. In the circumstances, the Arbitration Application is disposed of by directing the parties to proceed with the arbitration in accordance with clauses 63 and 64 of the General Conditions of Contract. The General Manager, Western Railway, shall appoint as an Arbitrator in accordance with the said clauses on or before 31st August, 2010. 5. The Arbitration Application is, accordingly, disposed of.