Ashis Kumar Chakraborty, J. - (1.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, as amended by the amending Act No.3 of 2016 (in short, "the Act of 1996") for appointment of the Presiding Arbitrator of the Arbitral Tribunal to adjudicate the disputes between the parties.
(2.) At the very outset, strong objection was raised by the respondents with regard to the maintainability of the application before this Court. According to the respondents, this Court lacks the jurisdiction to entertain the present application and the petitioner ought to have filed the same before the High Court of Judicature at Madras. The petitioner, however, contended that this Court has the jurisdiction to entertain the present application as also to pass orders as prayed for.
(3.) In order to decide the preliminary question whether, this Court can entertain the petitioner's present application it is necessary to consider the brief facts giving rise to this application which are stated hereinbelow.;