ORDER

S.B. Sinha, J.

A counter affidavit has been filed on behalf of the respondent but nobody appears on its behalf. It is not in dispute that there exists an arbitration clause in the contract entered into by and between the parties herein. It is also not in dispute that the respondent had moved the Bombay High Court for appointment of an arbitrator. However, the petitioner has filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, (for short 'the Act') as the Bombay High Court opined and in my opinion rightly, that the said Court has no jurisdiction and as the respondent did not move this Court in relation thereto.

2. In its counter affidavit, the respondent inter alia has alleged fraud. In my considered view, the question as to whether the entire contract is vitiated by reason of alleged commission of any fraud on the part of either of the parties thereto, the matter can be gone into by the Arbitrator. Even the question as to the jurisdiction of the Arbitrator can be gone into by the Arbitral Tribunal itself. In this view of the matter, I do not see any reason why an Arbitrator shall not be appointed in terms of the arbitration agreement of the partie