( 1 ) THIS is an application under Section 11 (6) of the Arbitration and Conciliation Act, 1996. The petitioner by this petition seeks appointment of an arbitrator. It is claimed that number of contracts were awarded to the petitioner. These are listed in paras 7 (iii) at SI. Nos. 1) to 13 (a ). The disputes and claims are enumerated in para 7 (ix) (a) to (h ). Petitioner claims that it had sought reference of these claims vide his letter dated 15th January, 2003 invoking the arbitration agreement, however, there was no response from the respondent. In the absence of appointment of an arbitrator, the petitioner filed the present petition on 28th February, 2003. Respondents has till date not appointed the arbitrator. Mr. Sharma further relying on J. Agarwalla and Sons Ltd. Vs. Kanoria General Dealers Ltd. AIR 1955 NUC (Calcutta) 3323 submits that the petitioner is entitled to combine the claims of separate contracts and have the same arbitrator appointed. Petitioner seeks an appointment of arbitrator for disputes relating to the contracts enumerated at serial No. 7 (iii) (1) to 13 (a) and the claims mentioned in Para 7 (ix ). Mr. Sharma further relying on Datar Switchgear Vs. Tata Finances Ltd. 2000 (8) SCC 151 submits that respondents have forfeited their right to appoint an arbitrator, in view of their having failed to appoint an arbitrator, before filing of the present petition. ( 2 ) COUNSEL for the petitioner, therefore, prays that an independent arbitrator be appointed by this Court. Learned counsel for the respondent, Mr. Anoop Bagai, gave some names of the persons who were on the panel of the arbitrators but the same are not acceptable to the petitioner, who insists on any independent arbitrator being appointed by the Court. In view of the judgment of the Supreme Court in Datar Switchgear (Supra), counsel for the respondent states that in this situation the Court may appoint an independent arbitrator. Accordingly, I appoint Mr. Justice Ashok Desai, retired Chief Justice of Uttranchal High Court, 112, Supreme Enclave, Mayur Vihar, Phase-I, Delhi (Tel. No. 22795620, 9818370380) as the sole arbitrator. The disputes/claims of the petitioner in para 7 (ix) and counter claim of respondent are referred to the arbitrator for decision. The fee of the arbitrator is fixed at Rs. Accordingly, I appoint Mr. Justice Ashok Desai, retired Chief Justice of Uttranchal High Court, 112, Supreme Enclave, Mayur Vihar, Phase-I, Delhi (Tel. No. 22795620, 9818370380) as the sole arbitrator. The disputes/claims of the petitioner in para 7 (ix) and counter claim of respondent are referred to the arbitrator for decision. The fee of the arbitrator is fixed at Rs. 11,000/-per hearing to be shared equally between the petitioner and the respondent, subject to outcome of the case and a ceiling of Rs. 1,65,000. 00. Petition is allowed. ( 3 ) LET a copy of order be sent to the Arbitrator.