- (1.) Heard Sri Rudra Pratap Mishra, learned Counsel for the petitioner and Sri A.B.N. Tripathi, learned Counsel for the respondents. Petitioner has applied under section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to resolve the dispute inter se the parties pursuant to the joint venture agreement dated 25.1.2010 between them.
(2.) Parties have exchanged pleadings and I have perused the same.
(3.) There is no dispute that the parties have entered into a joint venture agreement on 25th January, 2010. A copy of the said joint venture agreement has been filed as Annexure-3 to the petition. It contains 10 clauses including an arbitration clause. The respondents have filed a counter-affidavit. They admit the execution of joint venture agreement dated 25.1.2010 but submits that it contains only 8 clauses. According to them Clause Nos. 4 and 5 of the joint venture agreement as filed by the petitioner have been fictitiously inserted.;