This application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking removal of the sole arbitrator and appoint a former judge of this Court to assume the office of Arbitrator for resolution of the disputes between the applicant and the respondent arising out of the Agreement dated 23.11.2005.

I have heard the learned counsel for both the parties.

The applicant herein was awarded civil works of 765 KV Switch Yard for ALSTOM – AREVA, NTPC, SITAT by the respondent company vide work order dated 23.11.2005. When certain disputes arose between the parties with regard to the execution of the works awarded, the applicant by letter dated 1.3.2010 called upon the respondent to settle its disputes and pay a sum of Rs.8,9,03,406/- together with interest at 18% failing which to appoint an arbitrator as agreed between the parties. The respondent company by letter dated 20.03.2009 agreed for appointment of an arbitrator and accordingly the Chief Operating Officer – PMC by name R. Venkata Raghavan was appointed as the sole arbitrator. The arbitrator so appointed after notice to both the parties held a preliminary meeting on 19.05.2010 and the schedule of