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 Arbitrator on behalf of respondent to adjudicate the disputes with respondent.

2. Petitioner was awarded construction of civil and associated works for proposed Silos Complex at Batala by respondent vide Tender document bearing No.NCML/BATALA/CIVIL/2017-18/04 dated 28.02.2018 and subsequently through a Contract Agreement dated 14.05.2018, 30.08.2019 and 08.09.2020 to be completed in a time frame of 8 months. Respondent ARB.P. 1092/2021 failed to provide land and other miscellaneous support, due to which the petitioner was unable to execute the work, therefore, the project is running onto its 40th Month.

3. According to petitioner, due to failure of the obligations of respondent, petitioner issued the Termination Notice cum Notice invoking Arbitration dated 30.09.2021 whereby the petitioner terminated the Contract and nominated its Arbitrator, namely,. Justice S.P. Garg, (Retd.) and upon receipt of the said notice, respondent replied vide its reply dated 28.10.2021 refuting the contentions of the petitioner, however, in its reply