JUDGMENT :

1. This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) has been filed seeking appointment of a Sole Arbitrator in terms of clause 22.3 of the Supply Contract between the parties which was entered into in the following circumstances:

In March 2006, MTNL issued a tender for supply, installation, testing, commissioning of Broadband Access Network. Both the petitioner and the respondent together bid against the tender floated and the respondent acted as the lead bidder. The contract was awarded in favour of the respondent by the MTNL. On 9th April, 2007, the parties entered into a Supply Contract for the aforesaid project. According to the petitioner, though it had complied with all the terms and conditions of the said supply contract and had shipped/delivered all equipments on time, the respondent had failed to make full payment of the amounts due and an amount quantified at USD 13,390,000 is due and payable. The petitioner sent a legal notice dated 28th November, 2014 calling upon the respondent to make payment of the outstanding dues along with interest thereon within seven days failing which it was stat