( 1 ) IN this petition under Section 11 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as the act ) time was given to file reply on 26. 8. 2004 but no reply has been filed. Accordingly the matter be taken up for disposal.

( 2 ) THE relevant arbitration clause 14 in the contract between the parties reads as follows:

"any dispute or difference between parties hereto or anyone claiming through or under them, at any time hereafter, in respect of construction or interpretation of any term or provision thereof and or otherwise arising out of, relating to, concerning or touching this agreement, the same shall be referred to Arbitration of two persons, one to be appointed by JKSPDC and the other to be appointed by KJMC and the provisions of the Arbitration Act, 1940, as amended, shall apply to such arbitration. The Arbitrators will have summary powers. The venue of arbitration shall be New Delhi. "

( 3 ) IT is not in dispute that upon disputes enumerated in this petition having arisen between the parties, the demand for appointment of an arbitrator under the aforesaid clause was made as per the contract dated 28. 10. 99. It was not in dispute that on