CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

MINI PUSHKARNA, J. (Oral):

1. The present petition has been filed under Sections 11 (4) read with 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) filed on behalf of Kalpataru Projects International Limited. The petition initially sought appointment of the respondent’s nominee Arbitrator in terms of the Arbitration Clause between the parties, however, at the time of hearing of the petition, the petitioner has prayed for appointment of a Sole Arbitrator.

2. It is the case of the petitioner that in terms of the agreed procedure, the petitioner by way of Notice of dispute dated 13^th June, 2025, under Section 21 of the Arbitration Act, nominated Justice (Retd.) Kamalkishore Kapoorchandji Tated, Former Judge, High Court of Bombay as its nominee Arbitrator. Since the respondent failed to appoint its nominee Arbitrator, the present petition has been filed.

3. Learned Senior Counsel appearing for the petitioner submits that an independent Arbitrator be appointed by this Court, and the Arbitral Tribunal constituted by the Central Organisation for Railway Electrification (“CORE”), for adjudication of disputes between the parties