( 1 ) BY this judgment I propose to decide three Petitions filed under Section. 11 of the Arbitration and Conciliation Act, 1996. Arbitration Application No. 45/1998 is directed against the Mahanagar Telephone Nigam Ltd. ; and Arbitration Application Nos. 46/1998 and 47/1998 are against the U. O. I. , Ministry of Telecommunication. The facts of the case need not engage the attention of the Court at this stage, since the prayers contained ,in the Applications are for the appointment of an Arbitrator and referral to him of all the claims/disputes that have arisen between the parties. On 11. 10. 19991 had indicated to Learned Counsel for the Respondents that it was open lo the Respondents to expeditiously appoint an Arbitrator in accordance with the Arbitration Clause and that if this was not done, and the Petition was allowed to run its full course, this opportunity may not subsequently remain available to them. No appointment has been made and arguments have been addressed by both sides at great length.

( 2 ) IT is not disputed that the Contract contains the following Arbitration Clause:-

14. General Conditions of Contract of the aforesaid tender contains clause 16