The Court:- The present application has been filed for appointment of an Arbitrator in view of absence of consensus between the parties.

Learned Counsel appearing for the petitioner places reliance on Clause 64.(1)(i) of the General Conditions of Contract (GCC) between the parties which contains the arbitration clause.

It is argued that in terms of the preceding clause, that is Clause 63.1, a reference of the dispute was made to the General Manager of the respondent Railways. Initially there was delay on the part of the General Manager to decide on the same, upon which a writ petition was preferred, in which direction was passed on the General Manager to decide on the disputes and to pass a reasoned order. Accordingly, the General Manager (GM) took a decision on June 20, 2021.

The petitioner contends that thereafter the petitioner also issued a reminder on February 22, 2022 and finally invoked the arbitration clause by a notice under Section 21 of the Arbitration and Conciliation Act, 1996 dated June 22, 2022.

Learned Counsel appearing for the respondents submits that the application is premature, the petitioner having not complied with Clause 63.1 of the GCC.

The first limb of the subm