1 arp3-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.3 OF 2010 Laxmi Construction Company ....Petitioners V/s. The Agricultural Produce Market Committee, Solapur ....Respondent Ms.A.R.S. Baxi for the Petitioners. Mr.G.S. Godbole with Mr.Nitin Mulye for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 16TH SEPTEMBER, 2010. P.C. :- 1. The petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996. 2. That the parties had entered into an agreement is admitted. Clause 31 thereof contains an arbitration agreement. 3. The first contention raised on behalf of the respondent is that the petitioners have received an amount in full and final settlement of their claims. Mr.Godbole states that this contention be kept open for the decision of the arbitrator. In the facts and circumstances of the case, it would be appropriate to do so. It is made clear that the issue as to full and final settlement shall be decided by the arbitrator. 4. The submission that the condition precedent has not been complied with, is not well founded. Under the arbitration agreement, the petitioners were bound to refer the disputes to the Consultant who shall state his decision in writing. The Consultant’s decision with respect of any 2 arp3-10 of the excepted matters shall be final and without appeal. The petitioners invoked the arbitration clause by a letter dated 29.11.2007 addressed to the respondent’s Chairman. The copies of the letter were also forwarded to the Architect/Consultant. The Architect/Consultant has taken no decision in the matter, I will presume that he did not do so because the letter dated 29.11.2007 was addressed to the Chairman and only copied to him. 5. In the circumstances, the following order is passed :- i). The Consultant shall be entitled to take a decision in terms of clause 31 in respect of the disputes raised by the petitioners by their letter dated 29.11.2007 on or before 15.11.2010. ii) In the event of the petitioners being aggrieved by his decision, the disputes and differences shall, in accordance with clause 31, be referred to a sole arbitrator if the parties agree to one on or before 15.12.2010. iii). In the event of the parties failing to agree to the name of a sole arbitrator, the disputes and differences shall be referred to Mr.Keshav L. Katare, 5, Yogeshwari Complex, 46, Navi Peth, Solapur, as a sole arbitrator. The arbitration petition is accordingly disposed of.