(1.) By this application filed under section 11(6) of the Arbitration & Conciliation Act, 1996 (for short "Arbitration Act") the applicant seeks appointment of an arbitrator.
(2.) Some of the facts relevant for the purpose of deciding this application are as under :
(3.) Mr. Govilkar, learned counsel for the respondent no. 5 has raised preliminary objection and also addressed on merits such as : (a) Under Rule 803E of the High Court Original Side Rules, the arbitration application under section 11(6) has to be placed on board for acceptance. Unless the application is accepted and notice is issued by the court to all the parties concerned, the matter cannot be heard finally. It is submitted that there is total non compliance of the Rule 803E read with clause 7 of the scheme framed by the Hon'ble Chief Justice under the provisions of the Arbitration & Conciliation Act, 1996.