1. As common issues are involved in both the captioned applications, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from ARB - 517-2021.

2. Through instant application under S.11 of the Arbitration and Conciliation Act, 1996 (for short '1996 Act'), the applicant is seeking appointment of an Arbitrator.

3. The applicant entered into an agreement dated 25.08.2013 with the respondent. The said agreement comprises of arbitration clause which is reproduced as below: -
"All disputes and differences of any kind whatever arising out of on in connection with the Contractor or the carrying out of the works (Whether during the progress of the works or after their completion or whether before or atter determination, abandonment or breach of the contract) shall be referred to and settle by Owner who shall state his decision in writing, such decision may be in the form of final certificate or otherwise. The decision of the Owner in respect of any of accepted matter shall be final and without appeals. But if either the Owner or Contractor be dissatisfied with the decision of the Owner on any manner, question or dispute of any kind (except any of the accepted matter) or as to the withholding by the Owner of any certificate to which the Contractor may claim to be entitled then and in any such case either party receiving notice of such decision give a written notice matters in dispute be Arbitration and final decision of a single Arbitrator being a fellow of the Indian Institute of Architects to be agreed upon and appointed by both the parties or in case of disagreement as to the appointment both being fellows of the Indian Institute of Architectures of two Arbitrators both being fellows of the Indian Institute of Architects one to be appointed of each party, which Arbitrators shall before taken upon themselves the burden of reference appoint any Umpire. The Arbitrator, the Arbitrators of the Umpire as the case may be shall have power to open up review and revise any certificate, opinion, decision, requisition or notice save in regard to the excepted matter and to determine all matters in dispute which shall be submitted to him or them and of which notice shall have been given as aforesaid. Upon every or any such reference the cost of and incidental to the reference and Award respectively shall be in the direction of the Arbitrator or Arbitrators or the Umpire as the case may be whom may determine the amount thereof or direct the same to the taxed as between Attorneys and Client or as between party and party and shall direct by whom and to whom and in what manner the same shall be borne and paid.
This submission shall be deemed to be a submission to Arbitration within the meaning of the Indian Arbitration Act 1940 or any demodification thereof for the time being in force. The award of the Arbitrator or Arbitrators or the Umpire as the case may be shall be final and binding on the parties. Such reference except as to the withholding by the Owner of any Certificates under 4.31 to which the Contractor claims to be entitled shall not be opened or entered upon until after the completion or alleged completion of the works or until after the practical cessation of the work arising from any cause unless with the written consent of the Owner and the Contractor. Provided always that the Owner shall not withhold the payment of an Interim Certificate nor the Contractor except with the consent in writing of the Owner in any way delay the carrying out of the works by reason of any such matters, question or dispute being referred to Arbitration but shall proceed with the work with all due diligence and shell, until the decision of the Arbitrator or Arbitrators or the Umpire as the case may be given abide the decision of the Owner and no award of the Arbitrator or the Arbitrators or the Umpire as the case may be shall relieve the Contractor of his obligations to