JUDGMENT

Prakash Shrivastava, CJ. - This application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') has been filed to appoint the sole arbitrator to decide the dispute between the parties.

2. It is undisputed that the Coal Mining agreement dated 27th of October, 2016 was entered into between the parties which contained following arbitration clause.

'42.3 Arbitration

42.3.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause 42.2, shall be finally decided by reference to arbitration by an arbitral tribunal constituted in accordance with Clause 42.3.2. Such arbitraiton shall be held in accordance with the Arbitration and Conciliation Act, 1996. The place of such arbitration shall be Kolkata, and the language of arbitration proceedings shall be English.

42.3.2 The arbitrator shall be appointed by the Additional Chief Secretary/Principal Secretary to the Government of West Bengal, Department of Power and Non-Conventional Energy Sources.

42.3.3 The arbitral tribunal shall make a reasoned award (the 'Award'). Any Award made in any arbitration held pursuant to this Article 42 shall be final and binding on the Parties as from t