1. This is an application for appointment of an Arbitrator on the strength of Clause 76.0 of the General Conditions of Contract. The General Conditions of Contract (GCC) was made applicable to the agreement between the petitioner and the respondents. National Projects Construction Corporation Ltd (NPCCL), i.e., the respondent had awarded a contract to the petitioner for reconstruction / upgradation of the existing road NH - 717 - A to Two lane with paved shoulder, including geometric improvement from KM 6.00 to KM 16.167 in NH 717A in the state of Sikkim, on the terms and conditions contained in the Letter of Award.

2. The petitioner contends that disputes cropped up with regard to withholding payment of the running account bill (R.A bill), invocation of bank guarantee upon termination of the contract, non - refund of security deposit etc. Ultimately, the notice invoking arbitration was issued by the petitioner on February 19, 2022. The third and final RA bill allegedly became due and payable sometime in February / March 2021.

3. Mr. Mukherjee, learned senior advocate for the petitioner, submitted that in terms of the GCC, the parties were entitled to refer the dispute to arbitrat