JUDGMENT :

The matter has been taken up through video conferencing.

2. The instant application has been filed under Section 11(6)(C) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as the Act 1996), whereby and whereunder, the prayer for appointment of Arbitrator has been made in view of the condition stipulated under Clause-51 of the Arbitration Agreement dated 12.03.1987.

3. The brief facts of the case, as per the pleading made in the application, read as under:-

4. The petitioner, M/s Modern Construction Company, Engineer Builder, Contractor and Order Supply, acting through its partner Ahmad Raza Khan, has entered into an agreement on 12.03.1987 for construction of Officer’s Bungalows at Jubilee Park site and Adityapur Site, Jamshedpur, presently in Jharkhand State. The estimated cost of the work was Rs.147.68/- lacs and the value of the agreement was Rs.1,74,51,543.87/-. The period of completion of works was 18 months from the date of notice to proceed with the work.

The job was awarded underwent changes involving extra items and due to various reasons, time was required to be extended which was formally extended till 31.12.90 and continued by mutual conduct