Judgment -D. K. DESHMUKH, J. ( 1 ) THE learned Counsel appearing for both sides are unanimous that the facts and law involved in Arbitration Petition No. 35 of 2004 and similar to the facts and law involved in this petition and therefore for the reasons disclosed in my judgment in Arbitration Petition No. 35 of 2004 this petition also fails and is dismissed. Petitioner in this petition is also directed to pay costs of the petition to the respondent, as incurred by the respondent.