Ashis Kumar Chakraborty, J. - (1.) At the very outset, leave is granted to the petitioner to rectify the cause title of the application by deleting the name of the respondent no.2 as a party to this application.
(2.) In this application under section 11(6) of the Arbitration and Conciliation Act, 1996 (in short "the Act of 1996"), the petitioner has sought for appointment of a sole arbitrator by this Court to adjudicate the disputes between the parties relating to the agreement dated December 3, 1991. Although, the arbitration agreement between the parties contained in clause 25 of the said agreement dated December 3, 1991 is not in dispute but an objection has been raised on behalf of the respondent State of West Bengal to the prayer of the petitioner for appointment of a sole arbitrator.
(3.) The brief facts giving rise to this application are that on May 3, 1991 the respondent issued a work order in favour of the petitioner for construction of a cross drainage of Dauk Nagar, Main canal in P.S. Gopalpukur. The said work order was followed by the said agreement dated December 3, 1991 between the parties containing the terms and conditions under which the petitioner was to execute the work relating to the said work order.;