S.B. CIVIL MISC. (ARBITRATION) APPLICATION NO.84/2006 Date : 16.03.2007 HON'BLE MR. JUSTICE RAJESH BALIA Mr. D.L.R. Vyas for the applicant. Mr. L.R. Upadhyay, Dy. Government Advocate. ________ Having heard learned counsel for the parties I am satisfied that the request made in the application under Section 11 deserves to be granted as live dispute exists between the parties arising under the contract which also contained in agreement for referring the dispute arising thereunder to an Arbitral Tribunal. The respondents having failed to act in terms of the arbitration clause despite notice under Section 11 within the time allowed, this application for appointing arbitrator has been moved by the applicants. Shri M.P. Bhora, R.H.J.S. (Retired) Former District Judge R/o Jodhpur is appointed to act as sole Arbitrator to whom the dispute shall be referred. Cost of the arbitration and fees of the Arbitrator shall be as determined by the Arbitrator. [ RAJESH BALIA ], J. babulal/