ORDER :

1. The present application has been filed under Section 11 of the Arbitration and Conciliation Act (for short ‘the Act’) for appointment of an arbitrator for resolution of dispute between the parties. Arbitration clause in the agreement dated February 22, 2010, is not in dispute.

2. The learned Counsel for the applicants submitted that as during the currency of execution the project, there was dispute regarding price escalation the applicant prayed for appointment of an arbitrator by filing A.P. No. 92 of 2016 before this Court, which was disposed of on September 16, 2016 directing the appointing authority under to ensure constitution of Arbitral Tribunal. The Tribunal considered the claim. The contract was concluded on March 22, 2016. Final bill was prepared and submitted on December 16, 2016. As certain claims were rejected, fresh application was filed by the applicant for appointment of arbitrator on August 21, 2017. At this stage, the Court is only to examine as to whether there exists an arbitration clause in agreement. Merits of the case cannot be gone into. All o