JUDGMENT :

Vibhu Bakhru, J.

1. The petitioner (hereafter ‘TCMPL’) 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 ‘NTPC’), in accordance with Clause 23 of the Project Agreement. TCMPL had nominated its Arbitrator and it further prays that the two Arbitrators (one nominated by TCMPL and the other as may be appointed by this Court on behalf of NTPC), be directed to appoint the Presiding Arbitrator.

Factual Context

2. On 31.12.2015, NTPC had issued a Notice Inviting Tender (hereafter ‘NIT’) for the “Development and Operation of the Talaipalli Coal Block, State of Chhattisgarh, India” and for the appointment of a Mine Development Operator for the said Coal Block.

2.1 M/s NCC Limited and M/s BGR Mining and Infra Limited (hereafter referred to as the ‘Consortium Members’) participated in the tendering process as NCC-BGR Consortium.

2.2 The bid submitted by NCC-BGR Consortium was accepted and they were declared as the ‘Selected Bidder’. Thereafter, on 13.11.2017, NTPC issued a Letter of Acceptance (hereafter ‘LoA’) to the NCC-BGR Consortium.

2.