THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.1544 of 2006 DATED:24-03-2006 Between: M/s Sujatha Constructions. ..petitioner And The Chief General Manager Telecom, A.P. Circle, BSNL, Doorsanchar Bhavan, Nampally, Hyderabad. and another. ..Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.1544 of 2006 ORDER: The petitioner is a contracting firm. The respondents awarded the work of laying cable in Medak SSA during the year 2000-2001. The petitioner allegedly completed the work to the satisfaction of the respondents and submitted bills. They were not processed for payment. The petitioner, therefore, filed W.P.No.25736 of 2005, seeking a direction to the respondents to pay the bills to the petitioner. By order, dated 02-12-2005, this Court dismissed the writ petition giving liberty to the petitioner to approach the Arbitrator for settlement of bills, as he has such a remedy under the agreement. It is the case of the petitioner that after disposal of the writ petition, the petitioner addressed a letter on 27-12-2005 requesting the respondents to furnish a list of Arbitrators, in vain. However, on 10-01-2006, the petitioner firm received intimation from the respondents regarding appointment of Arbitrator. Therefore, the petitioner filed the instant writ petition seeking a direction to the respondents to appoint an Arbitrator in accordance with Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’, for brevity). The learned counsel for the petitioner does not dispute that the appointment of an Arbitrator is generally governed by the arbitration agreement or the agreement between the parties containing the arbitration clause. If either party fails to comply with such arbitration clause/arbitration agreement, the remedy of the aggrieved is to file an appropriate application under Section 11(6) or other provision of the Act before the learned Judge of the High Court nominated by the Hon’ble the Chief Justice in accordance with the provisions of the Act. The writ petition is misconceived. Liberty is given to the petitioner to file appropriate application under the Act. The Writ Petition, with the above observation, is accordingly dismissed. No costs. ___________ (V.V.S.RAO,J) 24.03.2006 GJ