JUDGMENT :

Shekhar B. Saraf, J.

1. The instant application [being A.P. No. 785 of 2022] under Sections 14, 15 and 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the ‘Act’] has been filed by M/S Gammon Engineers and Contractors Private Limited [hereinafter referred to as the ‘Petitioner’], a company having its registered office at Gammon House, Veer Savarkar Marg, Prabhadevi, Mumbai City – 400025 and its regional office at 19, Ballygunge Circular Road, 2nd Floor, Kolkata – 700019. The petitioner is engaged in the business of carrying out construction and civil works, which includes public works on behalf of the central and state governments.

2. The respondent is the State of West Bengal [hereinafter referred to as the ‘Respondent’] represented through the Executive Engineer, Teesta Irrigation Division, Assam More, Jalpaiguri – 735101.

3. The petitioner has filed the application against the unilateral appointment of an arbitrator by the respondent alleging violation of Clause 25 of the General Conditions of Contract [hereinafter referred to as the ‘Contract’].

Relevant Facts

4. In 2011, the respondent offered bids for an e-Tender which included the construc