1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5051 OF 2007 (Mr. Rajveer Singh Sanwal vs. M/s. Western Coal Fields and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : MARCH 7, 2008 Heard Shri De, learned Counsel for the petitioner, and Shri Mehadia, learned Counsel for the respondents. The petition is directed against the communication dated 6.9.2007 issued by the respondents whereby petitioner is called upon to deposit Rs.45.87 lacs under Clauses 6.2 and 6.3 of the agreement dated 26.6.2005. Shri De, learned Counsel for the petitioner, states that Clause 11 of the agreement is arbitration clause, which entitles parties to the agreement to refer dispute, if any, to the Arbitrator, the 2 procedure and other aspects are also incorporated in the said Clause and petitioner wants to invoke the said clause. Shri Mehadia, learned Counsel for the respondent, does not dispute that Clause 11 of the said agreement is the arbitration clause. In the backdrop of the above referred facts, no case is made out for showing indulgence. It is open for the petitioner to invoke the arbitration clause, if there is no other legal impediment in doing so. The petition is disposed of. JUDGE JUDGE khj