NLDK ENTERPRISES KICCHA Vs. MODERN AGRIGENETICS LTD.

JUDGEMENT

(1.) Notice issued to the respondent, by registered post acknowledgement due, appears to have been delivered as per the Tracking Report placed on record. From the same it appears that on 11/7/2022, at 19:00:58 hrs, the delivery of the item has been confirmed to the recipient i.e. the respondent. The respondent is, therefore, taken to be served with the notice issued in these proceedings. Despite service, none has appeared for the respondent and, therefore, I proceed to dispose of the present application.

(2.) The present application has been preferred by the applicant, under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (the Act), to seek appointment of a sole arbitrator for adjudicating the disputes, which have arisen between the parties under their agreement. The parties entered into an agreement dtd. 20/7/2019, labelled as "C and F Agreement".

(3.) The case of the applicant is that the applicant acted as the C and F Agent of the respondent under the said agreement. The said agreement was further renewed on 1/7/2020, which contains the following arbitration clause:-