JUDGMENT :

1. Heard Shri B.K. Saxena learned counsel and Sri O.P. Srivastava learned Senior Counsel assisted by Sri Anurag Verma learned counsel for the petitioners and Sri D.K. Srivastava learned counsel who has put in appearance on behalf of the respondent no. 1.

2. Attaching primacy to the domain of parties for constitution of the Arbitral Tribunal, this Court passed an order on 6.8.2021, which reads as under:

"Heard Sri.O.P. Srivastava, learned senior counsel and Sri B.K.Saxena, learned counsel assisted by Sri Anurag Verma learned counsel for the petitioners and Sri Dhirendra Kumar Srivastav, learned counsel for the opposite parties.

There is a hope of some mutual agreement insofar as the appointment of the arbitrator in the present case is concerned.

List this case on 11.08.2021 in terms of the order already passed."

3. The hope ultimately failed. The arbitration clause contained in the agreement giving rise to the dispute reads as under:

"All disputes or differences whatever arising between the parties out of or relating to the construction, meaning and operation or effect of this a