- (1.) This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.
(2.) It is stated by the petitioner that it entered into an agreement with the respondent on 3.10.2009 (P3) for purchase of 2.4 acres of land. One addendum to the original document was also got signed by the parties on 22.1.2010, wherein it was specifically provided that the respondent shall obtain General Power of Attorney from the land owners in favour of the petitioner and further that physical demarcation of the land under sale be also got done and possession be handed over to the petitioner. One more addendum dated 22.7.2011 is also on record. Further, payment was to be made by the petitioner to the respondent after the needful was done by the respondent. It is on record that the petitioner already paid an amount of Rs.one crore and more than eighty lacs to the respondents. The sale deed could not be executed. Agreement contain an arbitration clause, which reads thus:- "In case of any dispute or difference, the parties shall try to settle the same amicably, failing which the matter shall be referred to Arbitration under the Indian Arbitration and Conciliation Act, 1996 and to be decided by the Sole Arbitrator to be appointed mutually whose decision shall be final and binding on the parties to the agreement. That the work of sanctioning, development and/ or completion of the said complex and/ or other matters incidental to this agreement shall not be any time or during or after arbitration proceedings or / and legal proceedings, be stopped, prevented, obstructed or delayed in any manner whatsoever."
(3.) In terms of the above provision the petitioner sent a notice to the respondent for appointment of an Arbitrator on 14.1.2011. When nothing was done he came to this Court. Despite opportunity given, reply has not been filed, rather very fairly counsel for the respondent states that to settle the dispute, an Arbitrator can be appointed.;