ORDER

1. The present petition seeks to invoke the jurisdiction of the Court conferred by Section 11 of the Arbitration and Conciliation Act, 1996 [The Act] and for the appointment of a nominee arbitrator of the respondent consequent to an asserted failure on its part to abide by the appointment procedure.

2. When the present petition was initially taken up for consideration on 10 March 2023, Mr. Kurup, learned CGSC appearing for the respondent, had referred to Clause 25 of the Contract providing for parties approaching the Dispute Redressal Committee [DRC] before seeking reference of disputes to an Arbitral Tribunal. The petitioner had, on the other hand, contended that bearing in mind the composition of the DRC, the relegation of the petitioner to pursue that process would be an empty formality. However, and without prejudice to its rights and contentions, the petitioner ultimately stated that they would participate in any proceedings that may be drawn by the DRC during the pendency of the instant petition.

3. The proceedings before the DRC are stated to have been initiated on 28 April 2023. Since 11 out of the 13 claims raised by the petitioner remained unresolved, the matter