Judgment Vijender Jain, J. 1. The petitioner has filed this petition under Sec.11 of the arbitration and Conciliation Act, 1996 (for short the Act ). Inspite of service, no body has put in appearance on behalf of the respondent. 2. The agreement contains an Arbitration Clause which reads as under:- "in case of dispute arising due to the rate/execution of some items in progress. Time schedule quality of construction then either party to the contract can go for arbitration. The Arbitrator will be appointed by the Managing Committee of the Society. " 3. Learned counsel for the petitioner has contended that arbitration clause was invoked by sending a legal notice dated 23.08.2004 through the lawyer. A statement of claim was also annexed. Inspite of registered AD notice, no reply had been received. 4. Despite service, the respondent has chosen not to appear to oppose the petition. Even before the District Judge, the respondent was served but he did not file any reply to the petition under Sec.11 of the act. In these circumstances, I appoint Hon ble Mr. Justice Baldev Singh, a retired Judge of this Court as sole Arbitrator, to adjudicate the dispute between the parties. The Arbitrator shall fix his own fee. The petition stands disposed of. 5. Parties are directed to appear before the Arbitrator on 20.04.2007 at 4.00 P. M. Intimation regarding appointment of as an Arbitrator in this petition be sent to Hon ble Mr. Justice Baldev Singh, a retired Judge of this court, forthwith.