JUDGMENT

FACTUAL MATRIX

1. The present petition filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘A&C Act’) seeks appointment of arbitrator(s) to adjudicate the disputes between the parties.

2. The disputes between the parties have arisen in the backdrop of a letter dated 24.10.2005, in terms of which the petitioner was awarded a tender for ‘Civil, Sanitary and Electrical work (bother external and internal electrification) including External Development work of 131 Dwelling Units of D.S.N.E.F Cooperative Group Housing Society Ltd. at plot no.1, Sector - 19, Dwarka, Phase-I, New Delhi’ (hereinafter ‘the project’) by the respondent.

3. Pursuant thereto, an agreement dated 31.10.2005 was executed between the parties for the execution of the project. Under the agreement, the drawings and specifications describing the work, were to be prepared by an architecture consultancy firm name and styled as M/s Khurmi Associates Pvt. Ltd (hereinafter ‘the architect firm’).

4. The disputes between the parties have arisen on account of alleged failure of the respondent to clear petitioner’s running account bills amounting to Rs. 80,92,26,992/-. It is