PNP 1 ARBAP114-6.8 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.114 OF 2009 M/s.V.C.Tech. Enterprises ..Applicant. Vs. Union of India and another ..Respondents. ..... Mr.Toni Sachdevani for the Applicant. Mr.T.J.Pandian for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 6 August 2010. P.C. : At the hearing of the Arbitration Application, counsel appearing on behalf of the Applicant and counsel appearing on behalf of the Respondents have requested the Court to pass the following order with the consent of the parties without any further recording of reasons: i) On behalf of the Respondents, it has been stated that the General Manager of the Central Railway shall initiate the process for the constitution of the arbitral Tribunal under Clause 64 of the General Conditions of contract within a period of six weeks from today. It has been agreed that parties shall complete the process of constituting PNP 2 ARBAP114-6.8 the arbitral Tribunal within a period of four weeks thereafter; ii) It has been agreed that in the event that there is a clause in the contract restricting the claim in the arbitration to a percentage of the total value of the contract, the Applicant shall in that event so restrict the claim so as to bring it within the purview of the arbitration clause; iii)All the rights and contentions of the parties are kept open including on the question of limitation to be urged before and decided by the arbitral Tribunal. No other reliefs have been sought and no other point has been pressed on the either side. Accordingly there shall be an order by consent in the aforesaid terms. Parties shall abide by their statement. The Arbitration Application is accordingly disposed of. (Dr. D.Y.Chandrachud, J.)