Arindam Sinha, J. - (1.) The Court :- This arbitration petition is for appointment of Arbitrator. Mr.Ray, learned advocate appears on behalf of petitioner and submits, supply order dated 27th December, 2016 was issued from Fort William in Kolkata. In it description of buyer is the issuing authority while seller is his client. Paragraph 2 describes documents which would be sole repository of transaction under the order. Part III in paragraph 2 refers to standard conditions of supply order. In part III, clause (iii) provides for arbitration, which clause is reproduced below:- "Arbitration. All disputes or differences arising out of or in connection with the Supply Order shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the Supply Order or relating to construction or performance, which cannot be settled amicably, may be resolved through arbitration. The standard clause of arbitration is as per Forms DPM-7,DPM-8 and DPM-9(Available in MoD website and can be provided on request)."
(2.) Form DPM-7 appears in page 75 of the petition. It is sufficient to extract clause (iv) from the form and reproduce it below:- "(iv) The sole Arbitrator shall have its seat in New Delhi or such other place in India as may be mutually agreed to between the parties."
(3.) Mr. Ray submits, there can be no dispute regarding existence of arbitration agreement. By letter dated 1st June, 2018 his client had indicated disputes having arisen, sought arbitration, nominated two names in the alternative as its nominee Arbitrator to act as sole Arbitrator and have his seat in Kolkata. He submits, his client of Mumbai has moved this Court to take necessary measure for appointment of Arbitrator as by letter dated 5th July, 2018, respondent refused to submit to a reference on allegation that said supply order had been cancelled/negated/countermanded. He submits, law is settled that arbitration agreement contained in parent agreement is separate and distinct.;