Arb.P. 29/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR. R.S. GARG Heard Mr. B. Chakraborty, learned counsel for the petiti oner and Mr. P. Kataki, learned counsel for the respondents. The learned counsel for the petitioner submits that afte r the contract work was allotted to the petitioner, he proposed to complete the same but however, during currency of the agreement, the petitioner was required to carry out additional works, when the petitioner demanded money for the additi onal works, the respondents refused to make the additional charges. The petition er in accordance with Clause-4 of the Agreement, which refers to General Conditi ons of Contracts, Clause-25.3, required the respondents to refer the matter to t he Arbitration, the respondents started asserting that as in their opinion there were no dispute, the matter was not required to be referred to the Arbitrator. According to the petitioner, a dispute would only mean that one party is raisin g the claim while the other party is not accepting it. The submission is that a fter rejecting the claim lodged by the petitioner, the respondent authorities ca nnot say that there is no dispute. Though the learned counsel for the respondents vehementl y opposed the petition but he was unable to say that in case of a claim, which i s rejected by the authority there would be no dispute. Taking into consideration the totality of the circumstan ces, I hold that there exists an arbitrable dispute between the parties. The parties are hereby directed to approach the Presiden t of the Institute of Engineers (India) for appointment of an Arbitrator. It is made clear that the persons so appointed by the President of the Institute of E ngineers will have to be accepted by the parties and such appointment shall be f inal. After the Arbitrator is appointed by the said Institutio n, the said Arbitrator shall be informed by the Institute of Engineers and he sh all issue appropriate notices to the parties to appear before him for lodging th eir claims/counter claims/written statements. The fees and the procedure to be adopted shall be decided by the Arbitrator. The petition stands disposed of.