R.F.NARIMAN,J. - (1.) Leave granted.
(2.) This appeal arises out of a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of a Sole Arbitrator for adjudication of disputes between the parties. The Respondent, Galaxy Infra and Engineering Pvt. Ltd., is a company incorporated under the provisions of the Companies Act, 1956, having its registered office at Village Arra Gadh, Post Office Dharhara, Dist. Vaishali, P.S. Hajipur, Bihar and is in the business of providing consultancy services. The Appellant, Pravin Electricals Pvt. Ltd., operates in key industrial and commercial retail sectors and provides services for electrical supplies etc.
(3.) On 26th May, 2014, an online tender was invited by Chief Engineer, South Bihar Power Distribution Company Ltd. (hereinafter referred to as "SBPDCL") for appointment of implementing agencies for execution of a Scheme, on turnkey basis, for strengthening, improvement and augmentation of distribution systems capacities of 20 towns in Bihar. The Appellant submitted its technical and financial bid and was declared the L1 bidder and was awarded the work on 22nd September, 2014. It is the case of the Respondent that it had made substantial efforts under a Consultancy Agreement dated 7th July, 2014, to facilitate the Appellant in getting the aforesaid contract for which it was entitled to commission. It is then alleged that the Appellant sent an email dated 15th July, 2014 to the Respondent with a draft agreement attached for comments and confirmation. On the same day, the Respondent sent its reply stating that certain terms were not acceptable. In emails that have surfaced for the first time in this Court dated 22nd July, 2014 and 25th July, 2014, the Respondent argued that, in point of fact, all differences between the parties were ironed out and a Final Consultancy Agreement was agreed upon through correspondence between the parties.;