JUDGMENT

Vibhu Bakhru, J. - The petitioner (hereafter referred to as 'Shapoorji'), a company incorporated under the Companies Act, 1956, has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act'), inter alia, praying as under:-

"Appoint Hon'ble Mr. Justice C. K. Prasad (Retd.) Former Judge, Supreme Court of India, the Nominee Arbitrator already appointed by Respondent No.2 for the BTG contract, or any other person, as this Hon'ble Court may deem fit and proper as the Nominee Arbitrator on behalf of the Respondents for adjudication of the disputes that have arisen between the parties;"

2. Respondent no.1, previously known as Indiabulls Power Limited, (hereafter referred to as 'Indiabulls') was desirous of developing a 5x270 MW thermal power plant at Amravati, Maharashtra (hereafter referred to as the 'Project'). Respondent no. 2 (hereafter 'Elena') is a wholly owned subsidiary of Indiabulls.

3. On 19.05.2008, Indiabulls invited bids for execution of Civil and Structural Works, Boiler Turbine Generator Package (hereafter 'BTG Works'), which was a part of the Project. Shapoorji submitted its bid in response to the said invitati