SANJIB BANERJEE,J. - (1.) The arbitration agreement is contained in clause 17 of the agreement dated June 9, 2010 and is as follows: "17. That in case of any dispute arising out of this Agreement the same shall be referred to the joint Arbitration of the respective association of the Distributors and the concerned GUILD of Producers, Kolkata and their decision would be fully binding on either parties."
(2.) The petitioner says that disputes and differences as to the agreement and the working thereof arose between the parties following which the petitioner wrote a letter on July 4, 2011 requiring the respondent "to refer the matter to the arbitral tribunal, in accordance with the terms and conditions of the agreement." The present request under section 11(6) of the 1996 Act has been carried to the Chief Justice of this Court or his designate upon the petitioner not receiving any reply from the respondent within a reasonable time of respondent receiving the petitioner's said letter.
(3.) It is evident that the respondent is not the appointing authority and there is a mechanism provided for in the arbitration agreement itself for securing the constitution of the arbitral tribunal. The petitioner did not take steps in terms of the procedure envisaged by the arbitration agreement but merely required the respondent to refer the matter to arbitration.;