VIBHU BAKHRU, J.

1. The petitioner has filed the present petition under Section 11 (5) of the Arbitration and Conciliation Act, 1996 (hereafter the ‘Act’) inter alia, praying that an arbitrator be appointed for adjudication of the disputes that have arisen between the parties.

2. It is not in dispute that the petitioner and the respondent had entered into an agreement dated 25.10.2010 for construction of MTNL staff quarters at GH-17, Paschim Vihar, New Delhi. It is also not in dispute that the said contract includes an arbitration clause which reads as under:-

“53. ARBITRATION SETTLEMENT OF DISPUTES

53.1 For contract other than with public sector undertakings

Except where otherwise expressly provided in the contract all questions differences & disputes relating to the meaning of the specification, designs, drawing and instructions herein before mentioned and as the quality of workmanship or material used on the work or as to any other questions, claim, right, matter or things whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates instructions, orders or these conditions or others concerning the works or the executions or fai