Judgment

S. H. KAPADIA, J.

This application under sub-sections (5) and (9) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the 1996 Act") has been filed with a prayer to appoint an arbitrator in terms of Clause 15.1 of the agreement dated 10.08.2004 entered into by and between the applicant and the non-applicant.

The facts leading to filing of this application may be briefly noticed :

The applicant is inter alia engaged in the business of seed cloning and production, nursery development and propagation, plantation, management and maintenance and the cultivation of medicinal plants. On 10.08.2004, the applicant and the non-applicant entered into seed supply agreement (supply agreement) through which the applicant agreed to establish nurseries and prepare seedling (seed) catering to the requirement of non-applicant. According to the said agreement, the non-applicant promised to make an investment of Rs. 299.35 lakhs with the applicant. The supply agreement inter alia contained an Arbitration Clause 15.1 which reads as under :

"15.1. Any dispute that arises between the parties shall be resolved by submitting the same to the institutional arbitration in India un