JUDGMENT :

A.A. SAYED, J.

1. The petitioner-Himachal Pradesh State Electricity Board Ltd. has filed this Application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) for appointment of an Arbitrator to adjudicate the disputes between the parties.

2. Pursuant to a tender for supply of 11 KV-400 Amp. G.O. switches, issued by the petitioner, the respondent-M/s Suri Electricals and Ceramics was declared as a successful bidder and alloted the work. An Agreement dated 07.11.2020, was entered into between the petitioner and respondent.

3. Clause 8.1 of the Agreement provides for reference of the disputes to the sole arbitration of the Managing Director of Respondent No. 1-Himachal Pradesh State Electricity Board Ltd. Shimla or his nominee.

4. It is the case of the petitioner that it has served Notice dated 3.5.2021 to the respondent nominating the Chief Engineer Project-cum-Arbitrator as an Arbitrator and requested the respondent to accord its consent. However, the respondent failed to accord its consent to the appointment of Arbitrator on the plea that it has already approached the Micro Small and Medium Enterprises Council, Agra (U.P.)