JUDGMENT :

JYOTI SINGH, J.

1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, (‘Act’).

2. An Agreement dated 13.09.2014, was entered between the parties for provision of onboard TV and Information Dissemination and Entertainment System in all executive class and chair car coaches of the Delhi Kalka New Delhi Shatabdi Express.

3. Certain disputes arose between the parties and the petitioner invoked the Arbitration Clause mentioned in the Agreement and sought appointment of the Arbitrator through a notice dated 22.01.2019. The petitioner also communicated that it had not waived the applicability of Section 12(5) of the Act.

4. Respondent neither replied to the notice nor took any steps for constitution of the Arbitral Tribunal. Relevant part of the Arbitration Clause between the parties reads as under:-

“(i) In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as, to the withholding by the Railway of any certificate to which the contractor may claim to be entitle