SANJIB BANERJEE, J. - (1.) SINCE no affidavit -in -opposition has been filed despite directions being issued on September 11, 2013, there is no objection to the case made out in the petition. The respondent is also not represented.
(2.) THE arbitration clause is contained in the development agreement of October 16, 2000. It is couched in the widest words and provides for an arbitrator to be appointed jointly by the parties or the two sets of parties appointing their individual nominees as arbitrators. By a letter dated May 13, 2013, the petitioner indicated the petitioner's nominee as arbitrator. Despite such invocation of the arbitration agreement and a subsequent reminder, the respondent did not reply to the letters. The petitioner's nominee as arbitrator also issued notice to the respondent which the respondent did not pay any heed to.
(3.) SINCE the arbitration agreement appears from the document of October 16, 2000 and there appear to be disputes between the parties as evident both from the letter of invocation and the reminder, which are still alive and may be carried to a reference, the present request under Section 11 of the Arbitration and Conciliation Act 1996 calls for the constitution of an arbitral tribunal.;