1. This arbitration case under section 11 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) has been filed by applicant for referring the dispute to an independent Arbitration.

2. The case of the applicant is that he is a Railway Contractor and had entered into an agreement with Railway on 21.9.1992. According to the applicant, the general conditions of contract are applicable and clauses 63 and 64 provide for referring the dispute to the arbitration. The work, cost of which was approximately Rs.17,24,525/- was to be completed by the applicant by 27.11.1992 but there was a breach of contract by respondents and, therefore, the work could not progress and running bills were not paid. The dispute was not referred by the respondents for arbitration, therefore, on 22.4.1999 the applicant had filed MJC No.16/99 (later renumbered as MJC No.29/2007) under section 11 of the Act before the Additional District Judge Ratlam which was returned on 14.9.2007 for filing before the competent Court in view of judgment of the Supreme Court in the matter of SBP and Company v. Patel Engineering Ltd. and another, reported in (2005)8 SCC 618, whereas in terms of said judgment Additi