Arb.P. 13/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR The petitioner had entered into a contract with the respondents through the Gari son Engineer, Shillong Division, being Contract No. GE/SHL/08 of 2003-2004. This contract pertains special repairs to Building No. LSM-72 to LSM-77 (OR’s Family Line) of H.Q. 101 Area at Shillong and special repairs fixing of Security Grill s to 8 Windows of Single JCO’s Club to HQ 101 Area (EST) at Shillong. Special Re pairs to Water Supply, Sewage Line, toilet floor joineries and wall of Building No. DF 3, 7 and 19 in Civil MD Acc. Of DF Line under G.E. Shillong. It appears certain disputes and differences arose between the parties an d, therefore, the petitioner wrote a letter to the respondents making claim for payment. The matter was examined by the respondents who wrote a letter dated 19/5 /2007 informing the petitioner that as per the final bill a sum of Rs. 64,560/- is due to the petitioner. Since the petitioner was not specified with the assessment made by the r espondents, it sent a detailed letter dated 21/9/2007 for the appointment of an Arbitrator. Along with the said letter, the petitioner quantified its claims, th at the principal amount being about Rs. 9,23,570/- and interest thereon being an other Rs. 7,30,454/- making the total claim about Rs. 16.54 lakhs. The letter dated 21/9/2007 was not responded to and, therefore, the peti tioner sent a reminder dated 17/12/2007 but to no effect. Under the circumstance s, the present petition was filed by the petitioner some time in July, 2009 for the appointment of an Arbitrator. The respondents have been served but they have neither filed any reply n or put in appearance in the matter. Learned counsel for the appellant has drawn my attention to Clause 70 of General Condition of Contract IAFW 2249 forming a part of the contract agreemen t between the parties. The relevant portion of this clause reads as follows:- Arbitration.-All disputes, between the parties to the Contract (other than thos e for which the decision of the C.W.E. or any other person is by the Contract ex pressed to be final and binding) shall, after written notice by either party to the Contract to the other of them, be referred to the sole arbitration of an [S erving Officer having degree in Engineering or equivalent or having passed final /direct final Examination of sub-Division II of Institution of Surveyor (India) recognised by the Government of India] to be appointed by the authority mentione d in the tender documents. Since the respondents have failed to appoint an Arbitrator in terms of C lause 14 of the contract agreement and the facts are undisputed, there is no opt ion but to appoint an Arbitrator under section 11 of the Arbitration and Concili ation Act, 1996. Under the circumstances, the petition is allowed and Hon’ble Mr. Justice B. Lamare, a former Judge of this Court is appointed as Arbitrator to adjudicat e upon the disputes between the parties. The Registry would send a letter of request to Hon’ble Mr. Justice B. La mare for his consent to enter into the reference. The petition is disposed of with the aforesaid orders.