Heard Sri O.P. Lohia, learned counsel for the applicants. The order which I propose to pass in the application I need not hear the respondents.
By this application, the applicants have prayed for appointment of Arbitrator under the provisions of Section 11 of the Arbitration and Conciliation Act 1996. Learned counsel for the applicants could not point out any existing agreement between the parties within the meaning of Section 2(1) (b) and Section 7 of the Act, instead thereof he has pointed out that under the provisions of Section 11 of the said Act this Court is under legal obligation to appoint Arbitrator. In my opinion, the submission of learned counsel for the applicants is misconceived and has to be rejected for the reason that unless there exists any agreement between the parties as contemplated by Section 2(1) (b) and Section 7 of the Act, no Arbitrator can be appointed by this Court under Section 11 of the Act.
In this view of the matter, I am not inclined to grant the relief prayed for by the applicants. The application is misconceived. Rejected.
Order Date :- 4.1.2010 LJ/-