Hon’ble Ashwani Kumar Mishra, J.—The applicant has invoked jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator. It is claimed that an agreement containing arbitration clause was entered into between the parties on 26.4.2006 for construction and maintenance of a road under the scheme of respondent Development Authority. This agreement has been annexed alongwith this application as Annexure-1. The work was to be performed within a period of one year i.e. by April, 2007. The applicant claims that it proceeded with the contract and completed the work, in terms of the agreement. It is claimed that as against the total project cost of Rs. 54 lacs, the applicant was paid a sum of Rs. 46 lacs by the year 2007, whereafter no further amount was paid.

2. It transpires that a dispute arose towards the end of the year 2007 as to whether the work was properly performed or not? Materials have been placed on record in the counter-affidavit to demonstrate that work performed was unsatisfactory and proceedings to blacklist the applicant were also initiated on 18.7.2007. It further appears from the record that towards