JUDGMENT :

Shekhar B. Saraf, J.:

1. The petitioner M/s Zillion Infraprojects Pvt. Ltd. has filed this application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) praying for appointment of a sole arbitrator to adjudicate the disputes which have arisen between the parties in relation to the Letter of Intent dated May 26, 2011. The registered office of the petitioner is located at 5th Floor, Anushka Shopping Mall, Plot No. 2, Gar Trade Centre, Sector 11, Rohini, New Delhi – 110085.

2. The respondent is Bharat Heavy Electricals Limited having its registered office at BHEL House, Siri Fort, New Delhi – 110049 and having its local office PSER Office at DJ-9/1, Sector II, Salt Lake City, Kolkata 700091.

Relevant Facts

3. The respondent had awarded the petitioner a contract worth INR 39,82,66,061/-vide Letter of Intent (‘LOI’) No. PSER:SCT:ABJ-B1183:10:LOI:2371 dated September 21, 2010, and work order contract dated October 28, 2010 for erection, testing, commissioning, trial run, and handing over of Boiler etc., ESP, rotating aux piping, insulation, painting etc. (Part I) along with structural steel works, transfer points, conveyer galleries