JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner prays for appointment of an arbitrator under section 11 of The Arbitration and Conciliation Act, 1996. The petitioner relies on clause 13 under the General Terms and Conditions of an e-tender notice dated 8.5.2019 issued by the respondent, Eastern Coalfields Limited (ECL) for removal and transportation of material for a project at Nakrakonda – Kumardih. Clause 13 of the General Terms and Conditions, appended to the e-tender notice, provides for settlement of disputes and contains, according to learned counsel appearing for the petitioner, the arbitration clause.

2. Counsel submits that disputes have arisen between the parties pursuant to the petitioner being engaged as the contractor for the work described in the e-tender notice. The dispute allegedly revolves around the parties disagreeing to changes made to the price component of the contract.

3. Learned counsel appearing for the respondent takes a point of maintainability of the present application on the ground that there is no arbitration agreement between the parties.

4. The argument on maintainability is required to be answered first.

5. Clause 13 of the General Terms and Cond