1 This is an application under section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an Arbitrator.

2 There is no dispute that the parties had entered into an agreement which contains an arbitration clause and that the disputes raised by the Applicant fall within the purview thereof.

3 The only contention raised on behalf of the Respondents is that the arbitration clause ceased to have any effect as pursuant to an earlier invocation thereof an award had been made but was set aside. It is necessary therefore to state only a few facts.

4 The parties had entered into a construction contract dated 8th October 1996. An Arbitral Tribunal, consisting of three learned Arbitrators, was appointed by the parties in accordance with the arbitration clause contained therein read with the said Act. The Arbitral Tribunal made and published an Award dated 24th September 2004. The award grants four claims, two of which pertain to interest. One is in the nature of damages and the other is towards the final bill. The amount in respect of the final bill in turn comprises of various items. The Arbitral Tribunal awarded an aggregate sum of Rs.42,86,135/- to be payabl