( 1 ) THROUGH this application under Section 11 of the arbitration Act the petitioner has sought the appointment of the Arbitrator on the basis of the agreement dated 25/3/98. Clause 18 of the said agreement provides as under :-

"any dispute arising out of this Agreement will be subject to Indian Arbitration and reconciliation Act, 1996. "

( 2 ) HOWEVER subsequent to this agreement the parties also entered into other agreements which are dated 5/12/98, 6/2/99 and 12/3/99. The agreement dated 5/12/98 refers to the governance of the relationship of the parties as per the terms of the agreement dated 25/3/98. Clause 5 specifically provides that both the parties shall continue to be the members of the consortium and will actively participate in the consortium as per agreement dated 25/3/98 and will be governed by the provisions of the said agreement.

( 3 ) HOWEVER, the respondent while resisting the application relied upon the last agreements dated 5/12/1998 and 6/2/1999 executed between the parties. The agreement dated 6/2/99 is more or less modification of some of the terms of the second agreement dated 5/12/98 with regard to the transfer of rights. The parties entered into