W.P.No.6147/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6147 OF 2009 The Chief Engineer & Chief Administrator, Command Area Development, Water Resources Department, Garkheda area, Aurangabad ..Petitioner Versus M/s Reddy Associates, Government Contractor, through its Partners, Old Pedgaon road, Parbhani and anr. ..Respondents Mr V.J.Dixit, Senior Counsel holding for Mr V.R.Sonwalkar, Advocate for petitioner Mr J.N.Singh, Advocate for respondent No.1 CORAM : SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATE : 6th April 2011 PER COURT The petition has been filed to challenge the Constitutional validity of Section 11(6) of the Arbitration and Conciliation Act, 1996. According to the petitioner, the arbitration clause has been invoked by the respondent after 19 years and this has led to great prejudice to the petitioner. It is also pointed out that the respondent has not instituted any proceeding before the Honourable the Chief Justice for appointing an Arbitrator and as a result of which the petitioner is unable to ventilate his grievance about the arbitration proceedings. W.P.No.6147/2009 2 2. In our opinion, the issue regarding the vires of the aforesaid Act cannot be challenged any more in view of the decision of the Supreme Court in Babar Ali Vs. Union of India and ors., reported in (2000) 2 Supreme Court Cases 178. 3. All other contentions regarding the arbitration proceedings or the fact that there is a delay in invoking arbitration clause can be considered by the Arbitrator, who is appointed. Petition is dismissed. ( S.S. SHINDE, J. ) ( SMT. NISHITA MHATRE, J. ) (vvr/6147.09wp)