JUDGMENT

Navin Chawla, J. (Oral)--This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') has been filed by the petitioner seeking appointment of a nominee Arbitrator on behalf of the respondent for constitution of the Arbitral Tribunal to adjudicate the disputes that have arisen between the parties in relation to the Development Agreement dated 31.05.2013 executed between the parties.

2. The Arbitration Agreement is contained in Clause 31.4.1 of the said Agreement.

3. The petitioner invoked the Arbitration Agreement vide its notice dated 30.5.2018 read with notice dated 18.7.2018 nominating its Arbitrator and calling upon the respondent to nominate its Arbitrator.

4. The respondent, however, vide its reply dated 07.8.2018 refused to appoint its nominee Arbitrator on the ground that the arbitral proceedings between the parties stood concluded by the Arbitral Award dated 25.11.2017 and therefore, there was no dispute to be adjudicated between the parties. It was further contended that the claims now sought to be raised by the petitioner would be barred by provisions of Order II Rule 2 of the Code of Civil Procedure(CP