This is an application under section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of a suitable arbitral tribunal.

Every attempt, every gesture on the applicant's part to have the disputes referred to a conciliator and thereafter if necessary to arbitration has been rejected by the respondents on hypertechnical grounds. The applicant has agreed to the name of a conciliator suggested by the respondents. Though the arbitration clause requires a reference of the disputes to an arbitral tribunal consisting of three arbitrators the applicant has agreed to the disputes and differences being referred to the sole arbitration of the arbitrator appointed by the respondents. Even this suggestion was rejected although it was made clear that this would be without prejudice to the respondents' rights and contentions and their right to challenge this order.

2. The application is based on an arbitration clause contained in a Shareholder Agreement entered into between the parties in the year 2007. I am saved the exercise of determining the issue as to the existence of the arbitration agreement as this question has already been determined by an order and judgme