JUDGMENT :

1. Heard Mr. Vivek Tyagi, learned Deputy Government Counsel appearing for the applicant/petitioner and Mr. Manish Kataria, learned counsel for the respondent.

2. The petitioner has applied for appointment of an independent Arbitrator in accordance with the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’), in terms of Clause 25(3) of the Conditions of the Contract.

3. The petitioner entered into a contract on 11.11.2003 with the respondent for rehabilitation of left main canal and its distribution system of Gudha Irrigation Project, Bundi in Rajasthan. The respondent-Contractor raised a claim on 03.07.2008 for payment of the remaining amount for the work done. The said claim was referred to the Adjudicator, who decided the same vide order dated 06.04.2018. The claim of the respondent-Contractor was allowed in part, therefore, the petitioner in accordance with the arbitration clause 25(2) demanded reference of the above decision to the Arbitrator. Since the said demand was not fulfilled, the petitioner has approached the Court.

4. There appears to be no dispute with regard to reference of the matter to the Adjudic