Arbitration invocation remains effective unless clearly withdrawn; a later dues letter does not cancel an earlier arbitrator appointment request.

A subsequent communication seeking payment of dues does not, by itself, amount to withdrawal of an earlier request for appointment of an arbitrator, unless the withdrawal is clear and unequivocal. In a Section 11 application, the appointing authority's role is confined to the limited question of appointment and does not extend to adjudicating the underlying dispute. On that basis, the objection that the arbitration request had been abandoned was rejected, and the petitioner remained entitled to appointment of an arbitrator and continuation of the arbitral reference.

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Issues: Whether the petitioner was entitled to appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and whether the subsequent letter amounted to withdrawal of the earlier request for appointment.

Analysis: The petition proceeded on a notice seeking appointment of an arbitrator and the respondent's failure to act within the stipulated time. In proceedings under Section 11, the appointing authority has a limited role and does not enter into an adjudication of the underlying disputes. The later letter seeking payment of dues did not expressly withdraw the earlier request for appointment of an arbitrator, nor did it show any abandonment of the demand for arbitration. A request for settlement of dues is not the same as withdrawal of a prior invocation of the arbitration clause, particularly when the later communication was addressed to an officer without authority to appoint an arbitrator.

Conclusion: The petitioner remained entitled to appointment of an arbitrator, and the respondent's objection based on the later letter was rejected.

Final Conclusion: The application for appointment of an arbitrator was allowed and the arbitral reference was directed to proceed.

Ratio Decidendi: A subsequent communication seeking payment of dues does not amount to withdrawal of an earlier request for appointment of an arbitrator unless withdrawal is and unequivocal; in an application under Section 11, the appointing authority's role is confined to the limited question of appointment.

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