JUDGMENT :

M.S. RAMACHANDRA RAO, J.

1. This application is filed by the applicant, M/s Tecpro Systems Limited, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) to appoint an Arbitrator for the respondent as per clause-22.2 of the General Conditions of Contract signed by the parties contained in the Invitation to Bid and General Conditions of Contract issued by the Telangana State Power Generation Corporation (the respondent) (vide tender Notice No. Apgenco/PCT/K&R/03/2009 and tender specification No. TCT-B-02/2009 for the Kakatiya Thermal Power Project Stage-II, Unit-II).

2. Two agreements fall for consideration in this case:

(i) The agreement dated 17.4.2010 among the members of the Consortium consisting of (a) the applicant M/s Tecpro Systems Limited, (b) M/s Gammon India Limited and (c) M/s V.A. Tech Wabag Ltd.

(ii) Letter of Intent dated 30.10.2010 issued by the respondent Telangana State Power Generation Corporation to the applicant, M/s Tecpro Systems Limited (as leader of the above Consortium) together with the Bid Document and General Conditions of Contract, on behalf of the Consortium.

The Bid document:

3. The respondent issued Tender Notice