- (1.) In this application under Section 11(6) of the Arbitration and Conciliation Act , 1996 (in short, "the Act of 1996"), the petitioner has prayed for appointment of an Arbitrator to adjudicate the disputes between the parties relating to the purchase order being No.C/DOCTAIRE/PRAYAGRAJPOWER/VENT/FACTORY/PO/271 dated DECEMBER 12, 2014 (hereinafter referred to as "said purchase order") issued by the respondent requiring the petitioner to supply various quantities of 258 numbers of Impeller with hub (hereinafter referred to as "the said goods)". The terms and conditions under which the petitioner was to supply the said goods to the respondent were those mentioned in the said purchase order.
(2.) Clause 15 of the said purchase order contemplates that all disputes arising between the parties during execution of the said purchase order would first be tried to be settled amicably, failing which the same shall be referred to arbitration of an Arbitral Tribunal consisting of one representative from both the parties and the third member be selected by the two Arbitrators.
(3.) By a notice dated February 29, 2016 the petitioner informed the respondent of its various claims and requested for an amicable settlement of the said claim by a Dispute Review committee. The parties could not settle their disputes amicably and as such by a letter dated September 20, 2018 the petitioner through its Advocate issued a notice under Section 21 of the Act of 1996 and requested the respondent to concur with the appointment of the Arbitrator named by it. The parties, however, could not agree to appoint any Arbitrator in the manner contemplated under the arbitration agreement, mentioned above.;