JUDGMENT

Navin Chawla, J. (Oral)

1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Contract Agreement dated 17.12.2019 executed between the parties regarding the "Engagement Of An Agency For Tipper Loading, Wagon Loading & Transportation Of Coal From Any Designated Mines To Any Designated Railway Siding For NTPC BARH-II (2X660 MW) Through RCR Mode".

2. The Arbitration Agreement between the parties is contained in Clause 7.3 of the General Conditions of the Contract (in short, the 'GCC').

3. The petitioner, before invoking the Arbitration Agreement, vide letter dated 05.09.2020, called upon the respondent to hold a joint discussion so that suitable course of action with regard to recommencement/reinstatement of work may be worked out mutually between the parties. In response, the respondent vide letter dated 04.12.2020, however, stated that the claim of the petitioner is not tenable. The petitioner, thereafter, by its letter dated 07.01.2021, while reiterating its claims, again