S.B. CIVIL MISC. ARBITRATION APPLICATION NO.71/2006 M/s Ranu Ketan & Co. Vs. Chief General Manager, Telecom, Jaipur. Date : 13.04.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA Mr. G.R. Goyal for the applicant. Mr. Vijay Vishnoi for the respondents. ________ Heard learned counsel for the parties. This application has been transmitted to High Court from District Judge, Sriganganagar finding that the application under Section 11 cannot be made to the District Judge because the District Judge cannot be designate of Chief Justice under Section 11. From the perusal of the application moved under Section 11 before the District Judge and the reply submitted by the respondents, it is apparent that a live dispute exists between the parties arising from execution of contract for cabling granted in favour of the applicant on 28th January, 2004. It is also not in dispute that there is an arbitration agreement between the parties for referring the dispute to Arbitrator and despite the respondent having been called upon to give effect to arbitration clause for deciding the dispute the respondents have failed to respond. Hence, the application was moved under Section 11. In these circumstances, the application deserves to be allowed. Shri Jitendra Singh Yadav, Retired Member of Rajasthan Higher Judicial Services residing at Bikaner is appointed to act as sole Arbitrator to whom the dispute shall be referred by the parties. The cost of arbitration and Arbitrator's fees shall be as determined by the Arbitrator. [ RAJESH BALIA ], J. babulal/