Vijender Jain, J. - (1.) The petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ' the Act'). Inspite of service, no body has put in appearance on behalf of the respondent.
(2.) The agreement contains an Arbitration Clause which reads as under:- "In case of dispute arising due to the rate/execution of some items in progress. Time schedule quality of construction then either party to the contract can go for arbitration. The Arbitrator will be appointed by the Managing Committee of the Society."
(3.) Learned counsel for the petitioner has contended that arbitration clause was invoked by sending a legal notice dated 23.08.2004 through the lawyer. A statement of claim was also annexed. Inspite of registered AD notice, no reply had been received.;