(Annexure P-1), dispute inter se parties out of PIA/or interpretation thereof, is/was to be resolved by parties to agreement by mutual negotiations, failing matter is/was to be referred to arbitrator as per provisions of Arbitration and Conciliation Act and as such, action of the respondent inasmuch as unilateral appointment of Justice S.N. Jha, former Chief Justice, Rajasthan and Jammu and Kashmir as an arbitrator is not sustainable in the eye of law being contrary to the very provisions of the arbitration contained in PIA and same is not binding upon the petitioner. He further argued that the petitioner vide notice dated 30.12.2019, annexure P-7, having taken note of dispute inter se parties, itself apprised respondent with regard to its intention to approach this court under S.11(6) of the Act, for appointment of arbitrator. Mr. Bhatnagar, further submitted that once there is no dispute between parties that dispute has arisen inter se them, out of PIA, petitioner State being one of parties to the agreement has right to approach this court under S.11(6) of the Act, praying therein for appointment of independent and impartial arbitrator. While terming the appointment of Justice S.N. Jha, retired Chief Justice as an arbitrator to be contrary to provision of arbitration clause in PIA, Mr. Bhatnagar, submitted that since very appointment of arbitrator named above is not in accordance with law, notice issued by him dated 19.12.2019 (Annexure P-6) is of no consequence. Lastly, learned Additional Advocate General argued that once appointment of arbitrator unilaterally made by the respondent is/was in violation of provisions contained under the Act, petitioner is well within its right to file application under S.11(6) of Act, seeking appointment of arbitrator by High Court. To substantiate his aforesaid claim, he placed reliance upon judgment passed by Hon'ble Apex Court dated
