The Court's limited jurisdiction under Section 11 of the Act does not allow for a detailed consideration of the disputes, which is to be determined by the arbitrator.

JUDGMENT

V. Kameswar Rao, J.

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ('Act of 1996'), seeking indulgence of this Court to appoint an Arbitrator for adjudication of disputes which have arisen between the parties herein. Specifically, the instant petition has been filed with the following prayers:-

"In light of the facts and circumstances of the case, it is most humbly prayed that this Hon'ble Court may be pleased to:

a. Allow the present Petition.

b. Appoint an Arbitral Tribunal in the form of Sole Arbitrator, in accordance with Section 11 (4) and 11 (8) of the Arbitration and Conciliation Act, 1996 for reference and adjudication of the claims of the Petitioner as against the Respondent; and

c. Pass any other orders this Hon'ble Court may deem fit."

2. It is stated in the petition that the petitioner is a private limited company registered under the provisions of the Companies Act, 1956 and possesses extensive experience in the field of Project Management, Detailed Engineering, Manufacture and Erection of Equipment, Process Vessel, Tankages, Piping, Electrical and Instrumentation and other similar areas of work. It has its registered office at 864/B-4, G.I.D.C., Makarpura, Baroda-390010, Gujarat.

3. Whereas the respondent is also a private limited company which specializes in Turnkey services in the water and effluent collection, treatment and disposal and has requisite Manpower, construction equipments and capability in construction Management, Procurement and Detailed Engineering. It is also known as 'Toshiba Water Solutions Private Limited'.

4. It is stated that the petitioner had entered a Memorandum of Understanding ('MoU') dated June 19, 2014 with the respondent for the execution of the work under Tender No. UA5KC13001 ('Tender') granted by the Oil and Natural Gas Corporation ('ONGC') to the petitioner specifically for Modernization of ETP Plant at ONGC Uran Plant.

5. It is stated that as per Clause 3 of the MoU, both the parties had to cooperate in the execution of the Project in a manner that the respondent had to act like a technical collaborator and provide Design and Engineering Services, Supply Supervisory and Management Services, Supply of Critical Equipment for the Project and also to make available to the petitioner its expertise and technical know-how in the field of execution of Water and Effluent Treatment projects. It is further stated that the bid of the petitioner was accepted by the ONGC and as a result, the afore-said MoU had come into force.

6. It is further stated that under Clauses 6 and 7 of the MoU, the respondent had the obligation to render the afore-mentioned services @2% of the contract value, excluding the operation and maintenance costs. The agreed payment had to be disbursed by the petitioner to the respondent in the following manner:

a) 0.50% had to be paid immediately upon receipt of advance payment from the ONGC;

b) Balance 1.50% had to paid by way of three equal quarterly installments, whereas first quarter period had to start from the date of signing the contract.

7. It is stated that the said MoU also contains an Arbitration Clause stipulated as Clause 10, which renders any dispute arising out the said MoU arbitrable by a panel of three arbitrators. Clause 10 of the MoU has been reproduced in the following manner:

"10. Dispute Resolution

In case of dispute between the Parties, The Parties shall make all effort to resolve the dispute amicably. However, in case the Parties could not resolved the dispute amicably, the same can be referred for arbitration to an Arbitration Panel of 3 arbitrators as per provisions of the Arbitration and Conciliation Act, 1986. The seat of the Arbitration shall be located at Delhi. The language of the arbitration will be English."

8. It is further stated that as a result of the MoU coming into force, the petitioner and the ONGC entered into a Contract, dated May 11, 2015, bearing no. MR/URAN/MM/LSTK/