arbap6-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.6 OF 2009 M/s.Saloja & Sons ....Petitioner V/s. Union of India ....Respondent Ms.Shilpa Kapil for the Petitioner. Mr.Suresh Kumar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 26TH AUGUST, 2010. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. There is no dispute that the agreement was executed between the parties and the same contained an arbitration agreement embodied in clause 64 of the General Conditions of Contract. 3. The disputes therefore require to be referred to arbitration. However, in view of the facts and circumstances of the case, it is necessary to clarify that all the contentions of the parties are kept open including as to the limitation and the contentions regarding the claims being barred by res-judicata, constructive res-judicata and/or principle analogous thereto and under order 2 rule 2 of the Code of Civil Procedure. 4. Subject to the above clarification, the application is disposed of by referring the disputes and differences to arbitration in accordance with clause 64. The appointment shall be made on or before 31.10.2010. No order as to costs.