JUDGMENT :

Shekhar B. Saraf, J.

1. The petitioner B. K. Consortium Engineers Private Limited (hereinafter referred to as the ‘BKC’) 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.

2. The petitioner has challenged the appointment procedure of the arbitrator, provided in its contract with the respondent Indian Institute of Management, Calcutta (hereinafter referred to as the ‘IIMC’), which empowers the IIMC director to appoint a sole arbitrator for dispute resolution between the parties.

Facts

3. The factual matrix of the case is delineated below –

a. A notice inviting tender dated July 9, 2008 was issued by the respondent for civil work and basic utility works for the proposed residential (hostel) complex at IIMC, Joka. A bid was submitted by the petitioner and in response to the same, a work order was issued on August 29, 2008, in terms of which the project was required to be completed within August 31, 2009, at a total cost of INR 39,03,20,185 (Rupees Thirty-Nine Crores Three Lakhs Twenty Thousand On