INDRAJIT MAHANTY,J. - (1.) Heard learned counsel for the respective parties.
(2.) This arbitration application has been filed under Section 11(5) read with Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act of 1996') for appointment of an Arbitrator for settlement of the disputes and differences between the parties.
(3.) There exists an arbitration clause No. 64(1)(i) in the agreement/contract, which reads as under:- 'Clause 64(1)(I)-Demand for arbitration: In the event of any dispute or difference between the parties here to as to the construction or operation of this contract, all the respective rights and liabilities of the parties on any matters, in question, dispute, or difference on any account or as to the withholding by the railway of any certificates to which the contractor may claim to be entitled to, or if the railway fails to make a decision within 120 days, then in any such a case, but except in any of the 'Excepted Matters' referred to in clause 63 of these conditions, the contractor, after 120 days but within 180 days of his final claim on disputed matters, shall demand in writing that the disputes or difference be referred to arbitration.' ;