JUDGMENT :

The instant application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator, in view of the Arbitration Clause as contained under Clause 26.3 of the contract.

2. The grievance of the petitioner is that the contract has been entered in between the parties on 30.03.2015 for execution of the work i.e., for strengthening, widening and reconstruction of Ghaghra-Netarhat (SH-9) road, allotted in favour of the petitioner in terms of advertisement ref. No.RFQ-RFP/SHAJ/01/2014 dated 30.09.2014.

3. According to the petitioner, after completion of the work, some dispute pertaining to money claim has arisen, therefore, the petitioner has invoked the Arbitration Clause as stipulated under Clause 26.3 of the contract, which is appended as Annexure-1 to the application.

According to the petitioner, even though, the petitioner has resorted to the conciliation process as per the condition stipulated under Clause 26.2, which contains a condition that before invoking the arbitration clause as per the condition stipulated under Clause 26.3, the matter will be tried to be resolved through conciliation but even though, efforts have been t