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Contrary Views of High Courts' There also exist some instances where the same Court has delivered judgements expressing divergent views relying on the facts of the concerned case. This suggests that there is, to some extent, some subjectivity at play when the Courts are faced with the contentious question about the mandatory nature of pre-arbitral steps. A full bench of the Bombay High Court, in S Kumar Construction Co and Anr. vs. Municipal Corporation of Greater Bombay and Ors,, placed reliance on Municipal Corporation of Greater Mumbai vs. Atlanta Infrastructure Ltd & Anr. and held that since the language of the Clause along with the facts of the case do not suggest that pre-arbitral steps were to be mandatorily followed, they were not obligatory preconditions for invoking arbitration. However, all pre-arbitral procedures were not pronounced to be optional as a general rule, rather it was held that these procedures being mandatory or optional could vary depending on the language of the arbitration clause. This led to a divergent view being expressed, a year later, in Tulip Hotels Pvt. Ltd. vs. Trade Wings Ltd., where the pre-arbitral procedure, here conciliation, was held to be a mandatory precondition since the Pre-Arbitration Clause strictly reflected the binding nature of pre-arbitral conciliation.On the flip side, the Delhi High Court adopted a distinct position with its ruling in Ravindra Kumar Verma vs. M/S. BPTP Ltd. & Anr. by overruling the previous judgement in M/s Haldiram Manufacturing Company vs. M/s DLF Commercial Complexes Ltd. which stated that application invoking arbitration submitted to the Court, prior to complying with the pre-arbitral steps must be dismissed. The High Court in Ravindra Kumar, while relying on earlier decisions of the Delhi High Court in Sikand Construction Co. and Saraswati Construction Co. held that pre-arbitral steps stated in a pre-arbitration clause are directory in nature and not mandatory. The Court in Union of India vs. M/s Baga Brothers, while relying on the judgement of Ravindra Kumar, reiterated the directory nature of pre-Arbitral steps and held that the appointment of an Arbitrator can be proceeded with even prior to completion of such steps. A similar view has been taken by this Court in further cases like Siemens Ltd. vs. Jindal India Thermal Power Ltd. and Sarvesh Security Services Pvt Ltd vs Managing Director, DSIIDC, reaffirming the stance taken in the previously mentioned judgements and restating that pre-arbitral steps are merely optional.