ORDER :

The present Arbitration Application is filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act, 1996’) for appointment of a presiding arbitrator to hear and adjudicate the claims between the Applicant and the Respondent herein.

2. Heard Mr. B. Chandrasen Reddy learned Senior Counsel representing Mr. Pasham Mohit learned counsel for the Applicant and Mr. Avinash Desai learned counsel appearing for the Respondent.

3. Facts of the Case

i) In the year 2007, the National Highways Authority of India (NHAI) invited proposals for construction of a four-lane access controlled expressway program for Pondicherry. Nagarjuna Construction Company Limited (NCC) which is the Respondent herein and IL&FS Engineering and Construction Company Limited formed a consortium to submit a bid in the proposed project of NHAI on 06.02.2007.

ii) On 05.03.2007, the NHAI awarded the project to the said consortium. For the execution of the project, a Special Purpose Vehicle named Pondicherry Tindivanam Tollway Private Limited (PTTPL) was incorporated by the Respondent and IL&FS. Since, IL&FS was facing financial constraints which affected the EPC works, the Respondent