- (1.)The petitioners-Mr.A.V.Narasimhan and Mrs.Arundathi R. Somayaji have filed this present petition u/s. 11 of the Arbitration and Conciliation Act , 1996, against the Respondent- M/s.Narayanaswamy Super Speciality Hospitality Pvt. Ltd. for appointment of an Arbitrator on account of a dispute arising between the parties under a Lease Deed Annexure-A dated 16.02.2012.
(2.)Arbitration Clause Article 19 in the said Lease Deed is quoted below for ready reference:
"Article 19 - Dispute Resolution: In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this Deed or any breach there of shall be settled by amicable mutual negotiations. If such differences or disputes as between the parties cannot be settled through amicable mutual negotiations within 30 days of notice of such disputes, the same shall be referred to Arbitration by a sole Arbitrator to be appointed with the mutual consent of both the parties. In the event parties are unable to mutually appoint an Arbitrator within 30 days thereof, the sole Arbitrator shall be appointed as per the provisions of the Arbitration and Conciliation Act , 1996. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act , 1996 and any statutory modifications therefore from time to time. The Courts at Bangalore shall have jurisdiction in all matters arising out of the arbitral award and the arbitration agreement. Arbitration proceedings shall be at Bangalore and in English language only. The Fees and Costs of the Arbitration, including the fees of the Arbitrator shall be shared equally by the parties".

(3.)Petitioners though served notices upon the Respondent-Company to pay arrears of rent, terminating the lease deed and referring the matter to the Arbitration, the Respondent has not responded to such notices. Hence, this petition u/s.11(5) and (6) of the Act.