JUDGMENT :

I. Mahanty, J.

1. Heard learned counsel for the respective parties.

2. Both these arbitration applications raise common question of law and facts, therefore, they are decided by this common order. For convenience of the Court, the facts are taken from S.B. Arbitration Application No. 72/2018.

3. This arbitration application has been filed under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter to be referred as 'the Act of 1996') for appointment of an Arbitrator arising out of the contract agreement dated 26.03.2014.

4. There exists an arbitration clause No. 64 in the agreement, which reads as under:-

"In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the "excepted matters" referred to in Clause 63 of these conditions, the contractor, after 120 days but