ORDER :

1. Petitioner is seeking for appointment of a sole arbitrator by invoking section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short).

2. Petitioner and respondent entered into a Master Services Agreement on 25.08.2018 for developing “Computer Based Testing Software” (‘CBT’ for short). Petitioner paid a sum of Rs. 22,17,500/- to respondent on 26.03.2019. As agreed to under the agreement, respondent was supposed to have completed the development of software by April, 2019 and the one which was provided subsequently was said to be with defects and errors. Petitioner claims to have demanded the respondent to remove the defects and it was not attended to by the respondent. Hence, petitioner is said to have made attempts to arrive at a settlement with the respondent which was not successful after having made all reasonable attempts, petitioner got issued a legal notice invoking arbitration clause 11.3 of the agreement and suggesting the name of the Arbitrator for resolving the disputes that has arisen between parties.

3. Petitioner claims that negotiations were held during December, 2019 and in one such negotiation held on 11.12.2019