This application is filed, under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a retired Judge of the Andhra Pradesh High Court, or a technically qualified impartial and independent person, as a substitute arbitrator.

2. The applicant is a private limited company with its registered office at Chennai. The respondent, a private limited company with its registered office at Calcutta, was awarded the work of rehabilitation and upgradation of the existing two lane road to a 4/6 lane divided carriage way between Kavali and Ongole in the State of Andhra Pradesh, (i.e., Chainage KM 222 to KM 291), by the National Highway Authority of India. The respondent engaged the applicant as its sub-contractor for execution of about 50% of the said road work. Clause 21 of the work order, which is the arbitration clause, provided that, in the event of any difference or dispute arising out of, or in connection with, the work order, the same shall first be amicably settled by mutual dialogue and, if the parties fail to settle their differences or disputes arising out of or in connection with the work order, the same