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 to pay the said final bill. The Works Contract contained an arbitration clause, that is, Clause 18 in terms whereof, all questions, issues, disputes and differences between the petitioner and the respondent No. 1 were to be referred by the aggrieved party to the sole arbitration of the Executive director (NR) of the respondent Corporation. If such Executive Director (NR)was unable or unwilling to act as the sole arbitrator, the matters were to be referred to the sole arbitration of some other person designated by such executive Director (NR) in his place. The said clause reads as follows: "18. Except in respect of "excepted Matters" referred to in Clause 17 hereof, all the questions, issues, disputes and differences between the corporation and the contractors (whether relating to the Contractor's claim against the Corporation or vice versa relating to any clause or provision of this contract including those relating to General Conditions and special conditions as provided in work order) or any interpretation thereof or the right or liability or any party or as to any act or omission, etc, or either party whether arising during the course of the work or after the completion or abandonment thereof, its termination, expiry or otherwise howsoever relating to the said work order and this contract, shall be referred by any aggrieved party to the contract which term will include the Corporation to the sole arbitration of the ED (NR) of the Corporation. If such ED (NR) is unable or unwilling to act the sole arbitrator, the matter shall be referred to the sole arbitration of some other person designated by such ED (NR) in his place, who is willing to act as such sole arbitrator. It is known to the parties herein that the arbitrator appointed hereunder is an employee of the Corporation and he is a share holder of the Corporation. The arbitrator to whom the matter is originally referred, whether the ED (NR) the employee or officer or Government Servant on deputation, as the case may be, on his being transferred or vacating his office or being unable to act, for any reason, the ED (NR) shall designate any other person to act as arbitrator in accordance with the terms of the contract and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the terms of this contract that no person other than the ED (NR) or the person designated by the ED (NR) as aforesaid should act arbitrator. The award of the arbitrator so appointed shall be final, conclusive and binding on all the parties to the contract and provision of the arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the Rules made thereunder and for the time being in force shall apply to the arbitrat