JUDGMENT

Vibhu Bakhru, J. - The petitioner (hereafter 'PDL') has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act') praying that an Arbitrator be appointed on behalf of the respondent (hereafter 'FRL'), in accordance with Clause 11.3 of the Sub-License Agreement. PDL had nominated its Arbitrator and further prays that the two Arbitrators (one nominated by PDL and the other as may be appointed by this Court on behalf of FRL), be directed to appoint the Presiding Arbitrator.

Factual Matrix

2. PDL is a public company incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of developing land and constructing residential and commercial projects in India.

3. FRL is a company incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of running large format stores like 'Big Bazaar', 'Food Bazaar', 'Fashion Bazaar', 'Central' in some of the major cities in India.

4. On 06.09.2004, PDL entered into an agreement with the Delhi Metro Rail Corporation Ltd (DMRC), whereby a specified area on the ground floor and first floor within the Station Box at Inderlok Metro