JUDGMENT :

1. The Arbitration Petition has been filed by the petitioner M/s. SMS Infrastructure Limited, a Company incorporated under the Companies Act, through its Power-of-Attorney Holder, seeking to appoint an Arbitrator to resolve the disputes between the parties as per the provisions contained under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the said Act”).

2. The short facts giving rise to the present petition are that the respondent Gujarat State Road Development Corporation, Gandhinagar had invited the tenders by issuing a public notice for the work of widening and strengthening the Sarkhej Dholka – Vataman – Pipli – Dholera Bhavnagar Road. The offer of the petitioner being the lowest one was accepted by the respondent on 29.12.2010 and an Agreement No.B2/12 of 201112 was executed between the parties. Clause30 of the terms and conditions of the contract annexed to the said agreement, pertained to referring the disputes to the Arbitration Tribunal, which reads as under:

“CLAUSE 30 : (1) Disputes to be referred to Tribunal:

The disputes relating to this contract, so far as they relate to any of the following matters, Whether such dis