RAJIV SAHAI ENDLAW, J.

(1) APPLICATION is filed u/s. 11 of the Arbitration and Conciliation Act, 1996, for appointment of Arbitrator. The relationship between the applicant and the respondent is of an author and a publisher. The agreement dated 1. 8. 2008 between the parties contains an arbitration clause as under : "if and when any dispute arises between the parties as to the meaning, interpretation or on implementation of these terms, such dispute shall be referred to the arbitration of two Arbitrators, one to be appointed by the publishers and the other by the author/s. "

(2) DISPUTES and differences have arisen between the parties, the applicant vide legal notice dated 13. 3. 2007 to the respondent nominated Justice a. P. Chaudhary, retired, as the Sole Arbitrator and called upon the respondent to within 30 days consent to his appointment. The respondent sent reply dated 7. 4. 2004 refusing to concur in the appointment of Sole Arbitrator and relying on arbitration clause in the agreement nominated Mr. S. S. Budhiraja, Advocate as the Arbitrator. The applicant thereafter moved the present application.

(3) THE counsel for the applicant has argued that claims of the app