JUDGMENT

1. The Petitioner, M/s. Jhar Mining Infra Private Limited has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('the Act') seeking the appointment of an arbitrator to adjudicate the disputes between the Petitioner and Opposite Party No.1 (Mahanadi Coalfields Ltd.) (MCL) arising out of a tender document.

2. The background facts are that the MCL published a notice inviting tender (NIT) dated 23rd March, 2018 and RFQ and RFP documents (hereafter 'Tender documents') for setting up of Hingula Washery at Hingula area, MCL on Build-Operate Maintain Basis. The Washery was to be set up with a proposed throughput capacity of 10 MTPA of raw coal (Dry basis). The Petitioner submitted its bid on 2nd July, 2018 and deposited a bid amount of Rs.50 lakh. On 7th February, 2019 MCL issued a Letter of Intimation (LOI) to the Petitioner informing the Petitioner that it had been identified as the lowest bidder for the project. The Petitioner was requested to return the signed LoI as a mark of acceptance. The LoI stated that a letter of award (LoA) would be issued to the Petitioner after receipt of environmental clearance (EC) in accordance with the ter