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TMI Blog2015 (9) TMI 1308X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the aforestated circumstances, it cannot be said that there is no dispute between the parties and therefore, in my opinion, an Arbitrator is required to be appointed as per the provisions of Section 11(6) of the Act. - Decided in favor of petitioner. - Arbitration Petition No. 8 of 2014 - - - Dated:- 21-9-2015 - Anil R. Dave, J. For the Petitioner : Mr. Rohit K. Singh For the Respondent : Mr. E. C. Agrawala JUDGMENT Anil R. Dave, J. 1. This is a petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ). 2. By virtue of this petition, the petitioner company, incorporated in Republic of China, has prayed that an Arbitrator be appoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggrieved by the order, whereby an application under Section 9 of the Act had been rejected, the petitioner company had approached the High Court of Gujarat at Ahmedabad. The said appeal filed before the High Court had also been dismissed on 27.09.2013 and being aggrieved by the order passed by the High Court dismissing the appeal, the petitioner had filed Special Leave Petition before this Court which had also been dismissed on 07.10.2013 as this Court did not find any infirmity in the order of the High Court. 7. In view of the aforestated background, mainly on account of invocation of the bank guarantee, the petitioner company, according to the learned counsel appearing for the petitioner, has approached this Court for appointment of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned counsel appearing for the respondent submitted that this is not a case where an Arbitrator should be appointed as per the provisions of the Act. 10. Upon hearing the learned counsel for the parties and going through the provisions of the contract, I am of the view, that there is a dispute between the parties which requires to be resolved by an Arbitrator under the provisions of the Act. 11. There is no dispute to the effect that there is a clause with regard to arbitration in the contract which had been entered into between the parties on 24.12.2007. The arbitration clause incorporated in the contract reads as under: 33.0 Arbitration. 33.1 Where any dispute is not resolved as provided for in the preceding clause 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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