JUDGMENT Vivek Singh Thakur, J —No reply is intended to be filed, rather, it is submitted that the respondentState has no objection to refer the matter to the Arbitrator in terms of the agreement. 2. This Petition Has Been Filed Under Section 11 Of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ''the Act'') for appointment of an Arbitrator as per agreement between the parties. 2. RespondentState has terminated agreement, dated 5th May, 2012 signed between the petitioner and respondent No. 2 on the ground that the petitioner had failed to satisfy the terms and conditions of the agreement. 3. Petitioner Has Disputed The Reason Assigned For termination of the agreement with a plea that there was no failure on the part of petitioner to satisfy the terms and conditions of the said agreement. 4. Undisputedly, There Is A Dispute Arising Out Of the agreement entered into between the parties and the said agreement is also having arbitration clause No. 12, which is reproduced as under: "12. (1) That in case of any dispute touching, arising, connected with or related to any matters, questions under this agreement or any of its terms directly or indirectly the dispute(s) shall be referred to arbitration of Arbitrator of first party in which Principal Secretary Law to the Government of Himachal Pradesh will be the sole arbitrator. (2) Notwithstanding the pendency of arbitration proceeding there shall be no suspension of agreement and both the parties shall continue to discharge their obligations under the agreement." 5. After Termination Of The Contract, Notice In Terms of Annexure P7 was also sent on behalf of the petitioner to respondent No. 2 for referring the aforesaid dispute for arbitration to the Principal Secretary (Law) in terms of aforesaid clause 12 of the agreement, but the respondentState has failed to refer the dispute to the Arbitrator within prescribed time. 6. In aforesaid facts and circumstances, present petition is allowed and I appoint the Principal Secretary (Law) to the Government of Himachal Pradesh as an Arbitrator with a direction to enter into reference within a period of two weeks from receipt of this order and to make a reasoned speaking award in terms of arbitration agreement, in accordance with law, on the basis of material placed before him during proceedings. Learned Arbitrator shall be at liberty to fix his fee, in accordance with law. 7. Learned Arbitrator shall be at liberty to fix his fee, in accordance with law. 7. Registry Is Directed To Immediately Supply Copy of this order to the Principal Secretary (Law) to the Government of Himachal Pradesh. 8. Petition is allowed in the aforesaid terms.