BANK OF INDIA Vs. DIRECTOR

JUDGEMENT

(1.) The petitioner/Bank of India ('the Bank' for short) is knocking at the doors of this Court challenging order dtd. 18/9/2021 passed by the 1st respondent/Director, Arbitration and Conciliation Centre, Bangalore in I & C No.27 of 2021 directing the seat of arbitration to be Bangalore.

(2.) The facts adumbrated are as follows:-

(3.) The 3rd respondent who had a dispute with the Bank approaches the 2nd respondent/Micro and Small Enterprise Facilitator Council ('the Council' for short), for conciliation of the dispute between the parties. Conciliation was conducted between the petitioner and the 3rd respondent by the 2nd respondent in accordance with Sec. 18 of the Micro, Small and Medium Enterprises Development Act, 2006 ('the Act' for short). No consensus was arrived at between the parties to the lis before the Council. Later the Council on failure of talks of conciliation referred the matter for arbitration to the 1st respondent/Director, Arbitration and Conciliation Centre, Bengaluru ('the Centre' for short). The Director issues a notice to suggest the name of a sole Arbitrator to be appointed by the President/Governor of the Arbitration Centre under Rule 15 of the Arbitration and Conciliation Centre Rules, 2012. It is at that juncture the petitioner has knocked at the doors of this Court in the present petition.