Ashis Kumar Chakraborty, J. - (1.) The Court : This is an application under Section 9 of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2016.
(2.) From the affidavit filed on behalf of the petitioner, it appears that in terms of the order dated January 9, 2018, the notice of this application has been published in the Bengali newspaper namely, "Aajkal". Let the said affidavit filed on behalf of the petitioner be kept on record. However, none appears on behalf of any of the respondents to oppose this application.
(3.) The petitioner claims that in terms of an agreement dated January 31, 2017 (hereinafter referred to as "the said agreement") between the parties, the respondent No. 1 obtained a loan of Rs. 31,20,000/- for purchasing the asset mentioned in paragraph 3 of the application. The said asset stands hypothecated with the petitioner. The respondent No. 2 as the guarantor is a party to the said agreement, which also contains an arbitration agreement.;