JUDGMENT

Ranjan Gogoi, J. - This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed seeking directions for appointment of an Arbitrator to go into the disputes and differences with the respondent - Company that the petitioners claim to have occurred out of a Joint Venture Agreement dated 17th October, 2002 (hereinafter referred to as "the Agreement"). While the petitioner No. 1 - M/s Demerara Distilleries Pvt. Ltd. itself is the Joint Venture Company born out of the Agreement, the petitioners Nos. 2 to 4 claim to represent M/s Kanda and Associates on whose behalf the Agreement with the respondent - Company, which is a Foreign Company incorporated in Guyana was signed by one B.S. Kanda.

2. According to the petitioners, the Agreement contemplated equal participation in the equity of the Joint Venture Company to be set up thereunder as well as transfer of technology, process know-how, etc. Under the agreement, the Joint Venture Company i.e. petitioner No. 1 was also entitled to use the trade-marks of3 the respondent - Company. The petitioners have stated that the respondent - Company failed to fulfil its c