JUDGMENT :

1. This is a petition filed under section 11 of the Arbitration and Conciliation Act, 1996 (for short “ACA”) whereby the petitioner has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties, which have arisen under two Agreements entered by the petitioner with the respondent both dated 30 June, 2012 for Design, Procure, Manufacture, Supply and Supervision of Erection and Commissioning of one no. 75 TPH MCR Capacity, 72.5 kg/cm2 (g) pressure, 515ºC ± 5ºC steam temperature Multi fuel fired Boiler with accessories for 12.5 MW - Generation Project being set up at Alegaon, Tal. Madha, Dist. Solapur, Maharashtra. There is no dispute in regard to the arbitration agreement as contained in both the agreements, which is contained in Clauses 15 and 14 of the respective agreements.

2. As disputes and differences had arisen between the parties, the petitioner by its advocate’s notice dated 3 December, 2020 invoked the arbitration agreement and called upon the respondent to appoint a sole arbitrator to adjudicate the disputes which have arisen between the parties. The name of the nominee arbitrator was also suggested in paragraph 5