JUDGMENT :

A. Pasayat, A.C.J.

1. This is an application for appointment of an Arbitrator in terms of Section 11 of the Arbitration and Conciliation Act, 1996 (in short, the 'Act').

2. It is the Petitioner's case that an Arbitrator is to be appointed to resolve the dispute between the parties. According to it, opposite parties invited tender for disposal of "Swarf" for 240 MTs (plus or minus 25%.). Petitioner submitted its tender. Along with other tenders, its tender was considered and accepted. A formal agreement was signed incorporating the terms and conditions of the work to be undertaken. Railway authorities (the opposite parties) committed various breaches of conditions, and did not fulfil its part of the contract. Instead of compensating Petitioner for such breaches, several penal measures were resorted to. Petitioner made a demand for compliance of terms by the opposite parties which they refused. That being the position, Petitioner demanded appointment of an Arbitrator to settle the dispute on which opposite parties avoided to act. Though there is an arbitration clause in the agreement, opposite parties did not act according to it. Therefore, this petition has been filed.

3. In