JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioner has filed the present petition under Section 14(2) of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’) praying that the mandate of the learned Sole Arbitrator (hereinafter ‘Dr. RCM’) be terminated and an independent and impartial arbitrator be appointed in substitution of the learned Arbitrator.

2. The petitioner claims that the mandate of Dr. RCM, a former civil servant, is required to be terminated as he has been unilaterally appointed by the Chief Executive Office (CEO) of the respondent and is, thus, ineligible to act as an arbitrator by virtue of Section 12(5) of the A&C Act.

3. Briefly stated, the relevant facts that are necessary to address the controversy are as under: -

4. On 10.06.2011, the petitioner and the respondent had entered into an agreement for the purpose of “Design, Development, Implementation and Operation of WTDMS Project involving the development of Software, Supply, & Installation of System Software, Hardware Networks, establishment of WTDMS Service Centres and Operation & Maintenance of WTDMS Solution” (hereinafter ‘the Contract’).

5. Admittedly, disputes have arisen between the parties in respe