INDRAJIT MAHANTY,J. - (1.) Heard learned counsel for the respective parties.
(2.) An agreement was entered into between the parties dated 15.12.2016 and certain disputes have arisen in between the parties therefrom. Clauses 9 and 10 of the agreement are extracted hereunder:- '9. That in case of any disputes of differences in between the parties in regard to the present agreement or payment or any matter relating to this transaction, it is agreed that the dispute(s) shall be resolved by the Sole Arbitrator Shri Naresh Gupta (Advocate) having its office at 486, Civil Wing, Tis Hazari Court, Delhi-110006. The seat of the Arbitrator shall be at New Delhi and language of arbitration shall be English. 10. That the courts at Jaipur, Rajasthan shall have jurisdiction to try and entertain the dispute(s), if any.'
(3.) It appears that the applicant moved the Sole Arbitrator named in the Agreement and the Sole Arbitrator by communication dated 10.07.2019 (Annex.18) expressed his regret to enter into the aforesaid reference due to his heavy schedule. It appears that the applicant also thereafter, sought to appoint an Arbitrator but the respondents did not accept the jurisdiction of the Arbitrator suggested by the applicant. Hence, the present application has been filed under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter to be referred as 'the Act of 1996') for appointment of Arbitrator. ;