ORDER

This case is listed under the caption “For Being Mentioned” at the behest of the learned counsel for the petitioner.

2. The dispute between the petitioner and the respondent is arbitrable in terms of Clause 16 of the Gas Supply Agreement dated

28.12.2012.

3. Both the learned counsel for the petitioner and the respondent have confirmed that the amounts in dispute is more than Rs.5,00,00,000/- and therefore, in terms of Clause 16.02 of the aforesaid Gas Supply Agreement dated 28.12.2012, an Arbitral Tribunal has to be constituted with three arbitrators, namely two arbitrators to be appointed by each of the parties to the dispute and a Presiding Arbitrator to be appointed by the two arbitrators appointed by the parties hereto.

4. The petitioner has nominated Hon'ble Mr.Justice G.M.Akbar Ali (Retd.,), Former Judge of Madras High Court as its Nominee Arbitrator. The respondent has however not responded positively by nominating an Arbitrator on its behalf, despite reminder dated 16.02.2022.

5. Considering the same, it has to be construed that the respondent has forfeited the right to participate in the constitution of the Arbitration Tribunal in terms of Clause 16 of the Gas Supply Agre