1. In this application for appointment of an Arbitrator, applicant has placed reliance on an MOU dated 12.08.2008 in which, according to the applicant, Clause V pertains to arbitration. The case of the respondent, however, is that between the parties, no such MOU was ever signed on 12.08.2008, in fact, the parties agreed to entirely different set of conditions contained in MOU dated 29.07.2008. It is the case of the respondent that documents dated 12.08.2008 purported to be MOU is a forged document.
2. When the very existence of the agreement, which according to the petitioner contains an arbitration clause, is in dispute, before appointment of an arbitrator, such issue shall have to be thrashed out.
3. The parties are, therefore, given time up to 09.03.2012 to produce additional materials in the form of documents or affidavits, they wish to place on record with respect to this central controversy. S.O. to 09.03.2012.
[AKIL KURESHI, J.] JYOTI Top