Permod Kohli, J.

1. The petitioner entered into an agreement dated 23.7.1986 (Annexure P-1) for setting up of a Project through a company to be jointly promoted by the parties. It appears that some disputes arose between the parties. The agreement contained an Arbitration Clause 36 for settlement of the disputes between the parties. Clause 36 reads as under:

"36. A11 differences anal disputes between the parties hereto on any clause or matter herein contained or their respective rights, claims or liabilities hereunder or otherwise however, in relation to or arising out of this agreement, shall be referred to arbitration by two arbitrators (one to be appointed by each party), who shall before proceeding with the reference, appoint an umpire and such arbitration shall be governed by the Indian Arbitration Act, 1940, or any modification or re-enactment thereof for the time being in force."

Since Clause 36 provides for settlement of disputes through the arbitral Tribunal comprising of two Arbitrators, one to be appointed by each party, the petitioner claims to have invoked the said Clause by issuing a notice to respondents appointing one Shri R.T. Jindal, IAS as its Arbitrator