THE HON’BLE SRI JUSTICE T. VINOD KUMAR ARBITRATION APPLICATION No. 33 of 2021

ORDER

1. 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 an arbitrator to resolve the disputes between the parties.

2. Heard Sri. T. S. Anirudh Reddy, learned Counsel for the Applicant and Smt. K. Mamatha, learned Counsel for the Respondent.

3. The applicant is a company engaged in manufacture of Silt Flushing Tunnel (SFT). The Respondent herein was awarded ‘Construction of Barrage and Desilting Chamber (Balance Work) package for Tapovan Vishnugad Hydro Electric Power Project’, vide agreement No.CS5505905(RI)-2-CS-COA-5786 dated 27.08.2012 by the National Thermal Power Corporation Limited (NTPC). Subsequently, the respondent and the applicant herein entered into a “Sub Contract” agreement dated 26.04.2013.

4. It is contended by the applicant herein that disputes have arisen between the parties as the respondent herein apart from failing to adhere to its contractual obligations and clearing the outstanding bills raised by the applicant herein, had not only unilaterally issued the notice of termi