JUDGMENT 1. - Heard. 2. Learned counsel for the respondent contended that the instant application is not maintainable on the ground that the arbitral tribunal has already been appointed by the opposite party on the request of the applicant 5 and the matter has been referred to Standard Committee in terms of clause 23 of the agreement executed on August 16, 2005, which comprises of JDC Chairman, Director (Engineering) Member, Director (Finance) Member, Director (Law) and concerned Circle Engineer Member Secretary. My attention has been drawn to the reply and additional affidavit filed in support 10 of the reply wherein it has been mentioned that the applicant was informed about appointment of the arbitral tribunal and the applicant was to submit his t rent of claim, but instead of doing so, the applicant is litigating in the instant application. 3. Learned counsel for the applicant controverting the submissions 15 made on behalf of respondents vociferously canvassed that there is no document for appointment of arbitral tribunal. In view of the fact that the respondents have not filed any document for appointment of arbitral tribunal nor they have established that the said appointment was communicated to the applicant, learned counsel for the applicant placed reliance on R.S. Avtar Singh & Co. v. India Tourism Development Corporation Ltd. (2003) 2 Arbitration Law Reporter 503 (Delhi), -wherein it was indicated that the order of appointment of the Arbitrator would be taken to have been made when communicated and received by the Arbitrator and the concerned party. 4. Having carefully scanned the material on record, I notice that although the respondents have incorporated in the reply the facts about appointment of arbitral tribunal but no document in support of the said averment has been filed. It has also not been established that the information of appointment of arbitral tribunal was communicated to the applicant. In this fact situation where the applicant had no knowledge about appointment of arbitral tribunal, the appointment of independent arbitrator as required in section 11 of the Arbitration and Conciliation Act, 1996 is necessary. 5. I, therefore, appoint Honb'le Justice F.C. Bansal (retired) as sole Arbitrator. The Arbitrator shall fix his fee and the terms for disposal of the dispute in the circumstances so warranted. 6. The application stands allowed as indicated herein above.Application Allowed - Retired judge of high court appointed. *******