JUDGMENT :

The instant application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as the Act, 1996) for appointment of an Arbitrator (substitute) for redressal of dispute in relation to an agreement dated 08.02.1993 executed between the petitioner and the respondent.

2. The brief facts of the case, as per the pleading made in the application, which required to be enumerated reads as under :-

The Board of Coal India Limited (hereinafter referred as ‘CIL’) has taken a decision for taking an attempt to meet shortage of power through Captive Power Plants (CPP) using washery rejects. These power plants were to be based on Fluidized Bed Combustion (FBC) technology and through contracts entrepreneurs and as such, the entrepreneurs were invited to establish 5 CPPs.

In furtherance of such decision, an agreement was executed on 08.02.1993 between Coal India Limited and the respondent who at the relevant time was known as D.L.F. Power Company Ltd. with respect to setting up of 10 MW Power Stations on a ‘built own and operate principle at Rajrappa and Gidi in Hazaribagh area of M/s Central Coalfields Limited’.

The agreement contains a prov