( 1 ) THIS is a petition under Section 11 of the Arbitration and Conciliation Act, 1996, raising a significant question with regard to the scope and exercise of jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act, for short ).

( 2 ) THE appointment of the Arbitrator is sought by the petitioner under Section 11 of the Act on the ground that the respondent despite the invocation of the arbitration agreement, initially failed and neglected to appoint the Arbitrator and thereafter appointed the Arbitrator after filing of the present petition under Section 11 of the Act. The question to be considered by the Court in this petition is, despite the respondent having appointed an arbitrator after filing of the petition, can the Court proceed to appoint another arbitrator under Section 11 (6) of the Act treating the appointment of arbitrator made by the respondent as being contrary to Datar Switchgear versus Tata Finance Co. Ltd. reported at (2000) 8 SCC 151 and of no effect.

( 3 ) LET us now notice the facts of the present case: petitioner was a successful bidder in the tender floated by the respondent for procur