REVA KHETRAPAL, J.

( 1 ) THIS present petition under Section 11 (6) (c) read with Sections 13 and 15 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner praying for a direction to the respondent No. 1 to place on record the arbitration agreement and to appoint a retired Judge of this Court as a sole arbitrator to adjudicate upon the claims of the petitioner raised in the petition against respondent No. 1. It is further prayed by the petitioner that the arbitration proceedings before the respondent No. 3 be stayed while declaring that respondent No. 3 has not been appointed as per the procedure agreed upon by the parties and has no mandate to continue with the arbitration proceedings.

( 2 ) THE relevant facts are not in dispute. The respondent No. 1 had invited tenders for design engineering, supply, erection, testing and commissioning of pol tank terminals including land development and all other related works, which culminated in the award of the Works Contract by the respondent No. 1 to the petitioner (Annexure P-1 ). After execution of the Works Contract, the petitioner raised a final bill in May, 2003 (Annexure P-2), but the respondent no. 1 failed