JUDGMENT :

Sujit Barman Roy, C.J. - This is an application u/s 11 of the Arbitration and Conciliation Act, 1996 praying for a declaration that the opposite party is not entitled to refer the dispute between the parties to the Orissa Arbitration tribunal, and for a further order appointing an Arbitrator and to refer the dispute between the parties in terms of the relevant arbitration Clause to the said Arbitrator for adjudication thereof.

2. The petitioner dropped a tender for the work of "Construction of Left Afflux Bundh from Rd 630-M to 1770-M of Rengali Irrigation Sub-Project W.R.C.P. Package No. 9". The tender of the petitioner was accepted and work order was issued in favour of the petitioner, The Agreement was duly executed and signed by the parties which is at Annexure-1 to the petition. As a dispute arose between the parties, the petitioner by its letter dated 2.9.2002 made certain demand to the opposite party or to appoint an Arbitrator for referring the dispute for adjudication to the Arbitrator. In the said letter petitioner suggested some names from which one may be appointed as Arbitrator. The said request letter of the petitioner (Annexure - 4) was received by the oppos