Ashis Kumar Chakraborty, J. - (1.) This is an application under section 9 of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2016 (in short "the Act of 1996").
(2.) From the affidavit-of-service filed on behalf of the petitioner, it appears that the copies of the application were forwarded to both the respondents and the respondent no.1 borrower has already received the same. However, from the track report issued by the Postal Department, it is not clear whether the respondent no.2 guarantor has received a copy of this application.
(3.) Let the affidavit of service filed on behalf of the petitioner be kept on record. However, none appears on behalf of the respondent no.1 borrower against whom the petitioner has prayed for relief in this application.;