JUDGMENT

Jyoti Singh, J. (Oral)--This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (`Act') for appointment of a Sole Arbitrator.

2. The parties entered into an agreement dated 25.04.2017 for construction of boundary wall, toilet and providing access to disabled persons in the Centrally Protected Monuments under ASI-Jodhpur Circle, Rajasthan. The said agreement contains an Arbitration Clause, which reads as under:

"Clause 5.30.2:

Save as expressely stated to the contrary in the Contract, any Dispute shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996 by sole arbitrators appointed by CMD, WAPCOAS"

3. Learned counsel for the respondent contends that the present petition is not maintainable. First contention of the respondent is that the procedure envisaged in the Arbitration Clause was not followed inasmuch as the negotiation and good faith talks were still going on when the Arbitration was invoked. Second contention is that after the judgment of the Supreme Court in Perkins Eastman Architect DPC & Anr. Vs. HSCC (India) Ltd., 2019 SCC OnLine SC 1517: respondent has now initiated the process of final