This petition is filed under Section 11 of Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Arbitration Act’ for short) for appointment of a sole Arbitrator to adjudicate the disputes that have arisen between the petitioner and the respondents.

2. The case of the petitioner is that it is a company registered under the Companies Act, 1956. The main object of the petitioner-Company is to carry on international trade and business and is focusing mainly on the export of iron ore fines. According to the petitioner, it entered into a contract for sale and purchase of iron ore fines on 23.10.2005 on the assurance given by the 2nd respondent on behalf of the 1st respondent that they and acquired the land for the purpose of procuring Iron Ore Fines in Survey Nos.98/P1, 123. 115/1. 125/P3, 98/P2, 215, 125/P1. 125/2, 101/P5, 109/P3, 118/1P1, 111/P1 and 111/P2 at Hogarehalli Village of Birur Hobli, Kadur Taluk, Chikmagalur District. In turn, the petitioner intended to export the iron ore fines extracted from the aforementioned properties after blending with iron ore of lower Fe content to one M/s. Devi Trading Company, registered in Hongkong. The copy of the contract of sale and purchase of iron ore fines dated 23.10.2005 entered into between the petitioner and the 1st respondent, represented by the 2nd respondent, is produced at Annexure – ‘A’ to this petition. As per the said contract, the 1st respondent herein assured to supply 3,60,000 metric tones of iron ore fines by 30th of April 2006 and the delivery of iron ore fines was to commence from 1st November 2005. The mode and manner of payment was also specified in the said contract. As per Clause – 6 of the contract, the petitioner had agreed to pay a sum of Rs.1 crore at the time of signing the contract and additional sum of Rs.1 crore approximately within seven days from the date of signing the contract, provided that the petitioner was satisfied that the 1st respondent had procured enough iron ore fines for lifting and transporting. The said payment of Rs.2 crores made by the petitioner was to be adjusted against the delivery of the first 2 lakh metric tones at Rs.100/- per metric tonne. Further the petitioner was to pay a sum of Rs.5 crores immediately after the commencement of the lifting. As per the terms of the contract, the petitioner made payment of Rs.50 lakhs to the 1st respondent on 19.10.2005. Thereafter, the petitioner made certain payments on different dates till 27.2.2006. According to the petitioner, the 2nd respondent informed the petitioner that the 1st respondent is the absolute owner of the ‘A’ schedule property and that the respondents 1 and 2 can carry on activities of picking up iron ore in patta lands as per the Government Order dated 27.9.2005. However, the agreement entered between the parties was violated by the respondents, inasmuch as, the iron ore fines were not delivered to the petitioner. According to the petitioner, it has totally paid a sum of Rs.10,13,50,000/- to the 1st respondent under the above contract on the assurance of the 2nd respondent, who is the Chairman and Managing Director of 1st respondent-Company. The agreement contains the arbitration clause i.e., Clause-13. Since the respondents did not agree for getting the disputes resolved through an Arbitrator as per the arbitration clause in spite of exchange of notices in that regard, this petition is filed praying for appointment of an Arbitrator.

3. The statement of objections are filed by the respondents. Respondent No.2 has denied his signature found in the agreement in question vide Annexure – ‘A’. According to the respondents, the signature of respondent No.2 found in the agreement is forged and fabricated by the petitioner to suit its convenience. However, respondent No.2 agreed that he has received over Rs.10,13,50,000/-. According to the respondents, the same is towards raising contract, in respect of which draft agreements were prepared. The respondent