S. N. Sapra ( 1 ) THE present petition has been filed by petitioner under Section 8 of Arbitration Act, 1940, thereby praying that an Umpire be appointed and the disputes be referred to the Umpire. ( 2 ) PETITIONER has entered into a contract with respondent for the execution of work of "construction of civil works for over-speed balancing tunnel and civil works related to installations of L. S. T. G. " The disputes between the parties arose and a petition, being suit No. 198-A of 1984, under Sections 8 and 20 of Arbitration Act, 1940 was filed. Vide judgment dated December 13, 1984, the matter was referred to the two arbitrators, namely, Mr. Justice V. S. Deshpande and Mr. S. K. Ahuja, Chief Engineer, D. D. A. Petitioner had nominated Shri S. K. Ahuja while respondents nominated Mr. Justice V. S. Deshpande, as their nominee respectively. ( 3 ) THE arbitrators failed to agree with each other in making a joint award. The arbitrators differed in appointment of an Umpire. Petitioner received an intimation from the arbitrators vide letter dated October 28, 1987, thereby informing the petitioner that arbitrators had failed to the appointment of an Umpire. Under these circumstances, the present petition has been failed. Now, learned counsel for parties have agreed that Mr. Justice Dalip K. Kapur, former Chief Justice of this Court, may be appointed as an Umpire. ( 4 ) ACCORDINGLY, I appoint Mr. Justice Dalip K. Kapur (former Chief Justice of this Court) as an Umpire in the present matter. The entire arbitration record be submitted to the Umpire. I tentatively fix Rs. 10,000 as fee of the Umpire, to be shared equally by the parties. Copy of the order be sent to Mr. Justice Dalip K. Kapur. Copies of the order be also supplied to the parties dasti. Suit No. 2556-A/87 stands disposed off.