JUDGMENT

Suresh Kumar Kait, J. - The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Sole Arbitrator to adjudicate the disputes with respondent.

2. Petitioner- company claims to be engaged in the business of execution of civil works. Respondent is a company registered under Companies Act, 1956 and is engaged in the business of Mass Rapid Transport System.

3. According to petitioner, respondent floated a Tender bearing No. CCM-18/2015: construction of blowdown plant and shifting of Platform at Sarita Vihar Train Depot and the said work was awarded vide Letter of ARB.P. 1167/2021 Award ("LoA" in short) dated 12.01.2016 for total value of Rs.46,71,462.87/- inclusive of all taxes, duties & levies. The subject work was stipulated to be completed within 180 days, commencing from 7 days after issuance of the LoA, i.e. on/before 18.07.2016. The stipulated date for commencement of work was 18.01.2016 on which, the respondent was to provide hindrance free site, plan and data of the blowdown plant. However, according to petitioner, respondent failed to do so though petitioner’s company had mobilized its workforce and equip