-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 13 OF 2008 Umesh Chadmal Chhajed ).. Applicant Versus The Milestone Interactive Software Ltd. ).. Respondent Ms. Jai Mhaskar with Mr. G.S. Godbole for the Applicant. Mr. Amol Doijode and Ms. Manju Sharma for Respondent. CORAM: SWATANTER KUMAR, C.J. DATE: MAY 02, 2008. P.C. Without prejudice to the rights and contentions, which the parties wish to raise, it is commonly agreed between them that Mr. S.R. Shah, Retired City Civil Court Judge, be appointed as Sole Arbitrator. However, at the first instance, the Arbitrator may be requested to decide the question whether the demand of service tax is a dispute covered under the arbitration clause or not. 2. Keeping in view the joint statement made by the learned Counsel appearing for the parties and the scope of Section 16 of the Arbitration and Conciliation Act, 1966, Mr. S.R. Shah, Retired City Civil -2- Court Judge, is appointed as Sole Arbitrator. He shall examine the question at the first instance whether the dispute is covered under the arbitration clause and if the answer is in the affirmative, the Arbitrator shall proceed to answer further findigs as raised by the parties. In the event this question is answered in the negative, it will put an end to the arbitration proceedings and without prejudice to the rights of parties, he may dispose of the matter. 3. The Petition is accordigly disposed of leaving the parties to bear their own costs. CHIEF JUSTICE