THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.21232 of 2011 ORDER: The petitioner was awarded a contract for leasing of 4 tons space in FSLR-I by East Coast Express from Hyderabad to Howrah by the respondent No.2. As per the agreement entered into between the parties, any difference of opinion or dispute between the petitioner – leaseholder – and the Railways shall be referred to the sole arbitrator, a Railway Gazetted Officer appointed by the General Manager, South Central Railway. Alleging that the petitioner suffered loss due to damage to the unloaded consignment and etc., the petitioner got issued a legal notice dated 30.06.2011 requesting for appointment of an arbitrator to settle the dispute. As the respondents failed to respond, the present writ petition is filed seeking a declaration that the inaction on the part of the respondent to appoint an arbitrator is arbitrary and illegal and consequently to direct the respondents to appoint an arbitrator in terms of Clause 25.0 of the Agreement. I have heard the learned counsel for the petitioner and perused the material available on record. Even assuming that there is any default on the part of the respondents, in view of the efficacious alternative remedy available under the Arbitration and Conciliation Act, 1996 for appointment of arbitrator, it is for the petitioner to work out the said remedy and therefore the present writ petition under Article 226 of the Constitution of India cannot be maintained. Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to work out the other remedies available under law. No costs. ______________ G. ROHINI, J. Dt.28.07.2011 GHN