ORDER :

1. In this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, petitioner has sought for the following reliefs:

“(i) Allow the Petition by annulling the procedure adopted by the Respondent for the appointment of arbitrators under Clause 17.9 of the General Conditions of Contract Agreement dated 28th June 2010 produced at Annexure-A.

(ii) Appoint a new arbitral tribunal outside the panel of arbitrators maintained by the Respondent, in the matter of the dispute between the Petitioner and the Respondent.

(iii) Pass such further orders or directions as this Hon'ble Court may deem fit in the fact and circumstances of the present case.”

CONTENTIONS OF THE PETITIONER:

(i) The Petitioner “M/s. JMC-ATEPL Joint Venture” is a joint venture between JMC Projects (India) Ltd., and Arvind Techno Engineers Private Limited. The Respondent-BMRCL is a company incorporated under the Companies Act, 1956, as a Government Undertaking and is a joint venture of Government of India and Government of Karnataka and is a Special Purpose Vehicle entrusted with the responsibility of implementation of Bangalore Metro Rail Project.

(ii) It is contended that in the year 2009, the Resp