JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner seeks appointment of a sole Arbitrator on the basis of a Letter of Invocation dated 8.4.2023. The respondent failed to reply to the said letter.

2. The dispute between the parties arises out of a contract contained in Service Order dated 9.12.2021 under which the respondent was to arrange for transportation of 50,000 MT of coal required by the petitioner from Magadh to the petitioner’s plant at Jhargram for a total consideration of Rs. 2,15,35,000/-. Disputes arose between the parties which included the petitioner serving a legal notice on the respondent on 17.11.2022 for the amount due and the respondent raising a demand under section 8 of the Insolvency and Bankruptcy Code (IBC), 2016 on the petitioner alleging that the petitioner had failed to make full and complete payment of the invoices raised in connection with the Service Order. Learned counsel appearing for the parties, however, have raised certain preliminary questions on points of law which are required to be dealt with and answered.

3. The objection taken on behalf of the respondent is primarily on the ground that the respondent is an MSME or rather an entity defined u