Rajan Roy, J. - (1.) Heard Shri Vivek Raj Singh, learned counsel for the applicant and Shri Agendra Sinha, learned counsel for the opposite party.
(2.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.
(3.) . The Arbitration Clause in the agreement/contract, a copy of which is annexed as Aannexure No. 1, reads as under:- "23. Arbitration: In the event of any difference or dispute arising out of or in connection with this purchase order, the same shall be first amicably settled by mutual dialogue. If the parties fall to settle their difference or dispute arising out of or in connection with this work order (including interpretation of the terms thereof), the same shall be referred to arbitration. The Arbitration proceedings shall be conducted by a single Arbitrator appointed by the Company Secretary of Simplex Infrastructures Ltd., and the award/decision of such arbitrator shall be final and binding upon both the parties. The venue of the arbitration shall be Kolkata. However, the work shall not be stopped during the pendency of the proceedings and it shall be ensured that such work is proceeded uninterruptedly. 24. All transactions subject to jurisdiction of KOLKATA COURT.";