ASHOK KUMAR Vs. NARAYANAPPA

JUDGEMENT

(1.) The petitioner, who has entered into an agreement for sale which is dtd. 11/6/2014, has filed this application under Sec. 11 of the Arbitration and Conciliation Act, 1996 [for short, 'the Arbitration Act '] for appointment of a sole arbitrator. The petitioner relies upon Clause 30 in the agreement, which reads as extracted hereafter, and the terms of the legal notices dtd. 21/8/2021 and 28/10/2022:

(2.) Sri D.R.Ravishankar, the learned Senior counsel for the petitioner, and Sri Mohana Chandra P., the learned counsel for the respondents, are heard.

(3.) If Sri D.R.Ravishankar relies upon the terms of agreement and the legal notices to say that a case is made out for appointment of an arbitrator, Sri.Mohana Chandra P. submits that this Court must not entertain the request for appointment of a Sole Arbitrator for the following grounds: