SANJIB BANERJEE,J. - (1.) The basis for the present request under Section 11 of the Arbitration and Conciliation Act, 1996 is that though the arbitration agreement provides for an appointing authority, the existence of the appointing authority is in doubt.
(2.) The petitioner and the first respondent entered into an agreement that envisaged, inter alia, the setting up of a club. The agreement between the parties provided how the committee of management of the club would be constituted for the purpose of running the club. The arbitration agreement between the parties is contained in clause 18 of the agreement dated September 5, 2008: "18. Any dispute or difference arising out of or in connection with this Agreement including any dispute or difference relating to the interpretation of this Agreement or any clause hereof which the parties hereto have tried to but could not settle shall be referred to the decision of single Arbitrator to be appointed by the Committee of management of the Club in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force and the award of the said Arbitrator shall be final and conclusive and binding on both the parties hereto."
(3.) The petitioner says that disputes and differences arose between the parties whereupon the petitioner, by a letter dated July 5, 2011, called upon the first respondent to concur in the appointment of the petitioner's nominee as arbitrator to adjudicate upon the disputes covered by the arbitration clause. The petitioner made such assertion after claiming that the committee of management of the club had been wrongfully reconstituted by the first respondent and, as such, the committee of management could be accepted as the one intended by the parties to be the independent appointing authority envisaged in the arbitration clause. The petitioner's letter of request of July 5, 2011 was addressed to both the first respondent and the second respondent club.;