JUDGMENT :

1. The petition is filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short) by petitioner seeking appointment of a sole Arbitrator to adjudicate the dispute that has arisen between the parties contending inter alia that under the Memorandum of Understanding (hereinafter referred to as 'MOU' for short) dated 03.07.2010 entered into between petitioner and respondent which refers to a Collaboration-cum-Development Agreement dated 27.12.2007 entered into between respondent Company and one Backbone Enterprises Limited (for short 'BEL'), petitioner and respondent had entered into MOU dated 03.07.2010, whereunder respondent agreed to construct three star business hotel out of the land which was subject matter of Collaboration-cum-Development Agreement between the respondent - Company and BEL and dispute has arisen between parties in that regard.

2. It is contended that petitioner was informed by respondent of certain disputes having arisen between the respondent and BEL pending before the Arbitral Tribunal, which resulted in an award being passed on 28.07.2012, whereunder it is noticed that 35.55% of the land equival