ARUN BHANSALI,J. - (1.) This application under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act') has been filed by the applicant - Company seeking appointment of an Arbitrator in accordance with the arbitration agreement between the applicant - Company and the respondent - Company.
(2.) It is, inter alia, indicated in the application that the applicant is a Company incorporated under the provisions of the Companies Act, 1956 having principal business of Civil, Sanitary and Water Supply Installation Works being Engineers, Builders and Contractors. It is contended that the applicant - Company entered into a contract dated 1.4.2011 with the respondent - Company for Civil, Sanitary and Water Supply Installation Works for expansion of its Denim Unit at Village - Mordi, District Banswara. It is claimed that the Clause-45 of the Contract contains the arbitration agreement between the parties.
(3.) A dispute arose between the parties resulting in exchange of correspondence filed as Annex.4 with the application. It is alleged that despite submission of final bill, the payment was not released, requisite gate passes were not issued and that certain Minutes of Meeting held on 4.2.2014 were got signed under duress, undue influence and coercion.;