( 1 ) THIS petition has been filed impugning the order vol. CXVII KUTUB PROPERTIES P. LTD. v. C. L. CONSTRUCTION CO. 209 passed by the learned Single Judge dated 23rd July, 2003 whereby exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act. The learned Single Judge noticed that there was an arbitration clause which has been reproduced in the impugned order and the work was to be completed in terms of tender/contract clauses which was enclosed to a letter given by the appellant to the respondent. Learned Counsel appearing for the petitioner vehemently contended that there was no signed arbitration agreement between the parties, only one letter was given to the respondent and on the basis of said letter, the finding of the learned Single Judge that there was a valid concluded arbitration agreement between the parties was perverse. Mr. Chawla has further contended that the petition under Section 11 filed by the respondent was premature as no request was made by the respondent invoking the arbitration clause. Another ground of attack to the impugned order was on account of lack of jurisdiction. It was contended that the appellant had nothing