IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 214 OF 2007 M/s. Ravi Builders ).. Applicants Versus The Western Railway through the Government ) of India Enterprises and others ).. Respondents Ms. Bhadra N. Dalal for the Applicants. Mr. Suresh Kumar for the Respondents. CORAM : J.N. PATEL, ACTING C.J. DATED : 15TH JANUARY 2010 P.C. Heard the learned Counsel appearing for the parties. 2. The Applicants were awarded contract by the Respondents on 4th January 2001 for providing 6M subway for pedestrian at South End of Boriwali Station at 33/14-15 below the platform and running track of suburban section and 10m wide subway for pedestrian at South End of Virar Station at Km. 49/1011 below the platform and running track of suburban section of Mumbai Division of Western Railway. The said contract came to be terminated by the Respondents and, therefore, the Applicants lodged their claim. It appears that in between the Applicants had filed Arbitration Petition under Section 9 of the Arbitration and Conciliation Act for seeking interim orders. The same came to be rejected. Thereafter the Applicants addressed a letter to the Respondent invoking arbitration clause under Clause 63 of the General Condition of Contract. As the Respondents failed to appoint an Arbitrator, this Application has been filed. 3. The learned Counsel appearing for the Applicants submits that as the Respondents have failed to appoint an Arbitrator as per Clause 63 of the General Condition of Contract, the Applicants are entitled to get an Arbitrator appointed by invoking Section 11(6) of the Arbitration and Conciliation Act, 1996. 4. The learned Counsel appearing for the Respondents submits that the Applicants cannot refer a dispute of the whole claim for arbitration as under Clause 38.3 of the Special Condition/ Specification of Contract, the provisions of Clauses 63 and 64 of the General Conditions of Contract will be applicable only for settlement of claims or disputes between the parties for value less than or equal to 20% of the Contract and when the claims or disputes are of the value more than 20% of the value of the Contract, the provisions of Clauses 63 and 64 and other relevant clause of General Conditions of Contract will not be remedy for settlement of claim and, therefore, this Application cannot be entertained. 5. The learned Counsel appearing for the Applicants submits that the Applicants have restricted its claim to 20% of the total claim of the Contract which comes to Rs.95,62,955/- and requests that this Court may direct the General Manager, Wester Railways to appoint an Arbitral Tribunal to settle the claim of the Applicants. She further submits that since the claim is of technical nature, this Court may direct the General Manager, Wester Railways to appoint the officials on the Arbitral Tribunal who are competent to adjudicate the claim of the Applicants. 6. In view of the above, the General Manager, Western Railways, is directed to appoint an Arbitral Tribunal immediately. The Arbitral Tribunal so appointed is directed to adjudicate the dispute between the parties as expeditiously as possible. 7. Arbitration Application disposed of accordingly. No order as to costs. ACTING CHIEF JUSTICE