Sunil Kumar Sinha, J. - (1.) THE Petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to adjudicate upon the dispute arising out of the Agreement between the parties.
(2.) ADMITTEDLY , there is an Arbitration clause in the Agreement, which stipulates as under: - "a) As a first step, all efforts shall be made by the Roads & Bridges Department for amicable settlement of the issue. b) If an amicable settlement is not seen possible, the matter shall be referred to an Arbitrator acceptable to both parties and c) His decision will be final and binding to both parties." The Petitioner sent a notice dated 03.09.2014 through an Advocate for making payment of her claim within a fortnight of the receipt thereof, but no response was given. Thereafter, another notice dated 24.10.2014 was given saying that 'dispute' has arisen between them and they would be invoking arbitration as per clause (b) of the Agreement. When no steps were taken after receipt of the said notice, this petition has been filed by the Petitioner.
(3.) THE Petitioner suggested names of many Arbitrators. The State also suggested names of many Arbitrators. But the parties were not agreeable upon any name suggested by them.;