Ashis Kumar Chakraborty, J. - (1.) In this application under Section 11(6) of the Arbitration & Conciliation Act, 1996, as amended by Act 3 of 2016 (in short "the Act of 1996"), the petitioner has prayed for appointment of an arbitrator to adjudicate upon the disputes between the parties relating to the purchase order dated January 12, 2016.
(2.) The brief facts which are necessary to be considered for deciding this application are that on January 12, 2016 the petitioner issued the purchase order being no. EMPL/1530/2015- 16/SM-SG/361 (hereinafter referred to as 'the said purchase order') upon the respondent for supplying certain materials mentioned therein pertaining to Ordnance Factory, Muradnagar.
(3.) The terms and conditions under which the respondent had to supply the materials were mentioned in the said purchase order. Clause 17 of the said purchase order provided that all differences and disputes arising between the parties therein shall be referred to arbitration, which shall be in accordance with the provisions of the Act of 1996. While issuing the said purchase order, the petitioner requested the respondent to sign and return a copy thereof as confirmation of its acceptance of the terms and conditions mentioned therein.;