Vijender Jain ,C.J. (Oral)- This petition under Section 11 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as. the’ Act’) for appointment of an arbitrator to adjudicate the disputes between the parties arising out of the agreement has been filed by the petitioner.

2. Learned counsel for the respondents has contended that this petition under Section 11(6) of the Act will not be maintainable. According to learned counsel for the respondents the final bill was accepted by the petitioner without any protest and that was done on 11.4.2000. It is contended that when full and final settlement has been arrived at between the parties without raising any protest, the present petition cannot be maintained. Referring to Clause 25 of the Arbitration Agreement, it is contended by learned counsel for the respondents that the petition will not be maintainable under Section 11(6) of the Act as clause 25 of the Agreement provides a mechanism for settling the disputes and in the event of the petitioner not taking recourse to such mechanism, the petition under Section 11 (6) of the Arbitration Agreement Act would not be maintainable. Learned counsel for the respondents