- (1.) This petition has been filed for appointment of arbitrator under Section 11 of the Act. It is contended that there exits an arbitration agreement and though a demand has been made for reference of dispute to arbitrator vide letter dated 22.12.1995, yet no arbitrator has been appointed.
(2.) A counter affidavit has been filed disputing the existence of arbitration agreement between the parties. It is also stated that the application otherwise is grossly barred by latches.
(3.) I have heard Sri Rahul Srivastava, learned counsel for the applicant and Sri Saroj Yadav, learned counsel for the respondent and have perused the materials on record.;