Ashis Kumar Chakraborty, J. - (1.) This is an application under Section 9 of the Arbitration and Conciliation Act, 1996, as amended by the Amending Act 3 of 2016.
(2.) From the affidavit of service filed on behalf of the petitioner, it appears that the copies of this application were forwarded to the respondents by electronic mail and the respondents have received the same. However, none appears on behalf of any of the respondents to oppose this application.
(3.) It is the case of the petitioner that in terms of an agreement dated April 8, 2016 entered into between the parties (hereinafter referred to as "the said agreement"), the respondent No. 1 obtained a loan of Rs. 35,20,000/- for purchasing the asset mentioned in paragraph 3 of the application, which remains hypothecated in favour of the petitioner. The respondent No. 2 as the guarantor is also a party to the said agreement, which also contains an arbitration agreement;