JUDGMENT

Dinesh Kumar Sharma, J.

1. The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (Act).

2. In brief the facts are that the petitioner has sought an appointment of a Sole Arbitrator for adjudication of the inter se disputes arising out of clause 4.6 of letter of Acceptance (LOA) No.RailTel/ Tender/OT /ER/HQ/2015-2016 /898/392 dated 20.06.2016.

SUBMISSIONS OF PETITIONER

3. The petitioner submits that the disputes arose between the parties in relation to the works performed and payments to be made under the contract. The notice invoking arbitration dated 13.03.2023 was duly served. The petitioner submitted that the respondent vide e-mail dated 27.03.2023 and 01.04.2023 did not object to the fact that a dispute has arisen between the parties which is covered under Clause 4.64 of the Contract and is in principle agreeable for the appointment of a tribunal to arbitrate the disputes. It has been submitted that however, the parties have failed to appoint the arbitrator in terms of the Contract and in compliance of the amended terms of the Act as the respondent has insisted that a sole arbitrator will be appointed by CMD/RailTel out of t