ORDER

1. This application has been filed by applicant – M/s Vijay Energy Equipments under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short “the Act”) with the prayer that this Court may appoint an independent Arbitrator as the applicable clause in the agreement between the parties is in conflict with the prevailing law.

2. According to the case set up by the applicant in the application, the respondent-Railways issued a tender on 5.7.2013 inviting bids for construction of ROB No.152/2 at Ch 152550 (New No.150/3 Ch 150627) with 2x18 m + 1x36 m composite girder including sub-structure and superstructure over NH-75 and allied works in connection with LAR-KHJB new B.G. Rail line project with approximate cost Rs.599 Lacs. The applicant also participated in the process of tender and was eventually awarded the work. The applicant submitted a bank guarantee of Rs.31,24,550/- before the respondent. An agreement was executed between the parties on 16.6.2014. However, the respondent failed to provide the approved drawing in time despite his several requests. The applicant sent a letter on 28.7.2016 requesting that the drawing may be sent so that the work can commence. The