JUDGMENT :

1. Heard Mr. Patni, learned Counsel for the applicant and Mr. Sushant Dixit, learned Counsel for the non applicant. There is no dispute regarding execution of an agreement dated 27-10-2015 between the non-applicant and M/s Choudhari Food Industries, a Partnership Firm, of which the applicant herein namely Rajesh Madhavrao Chaudhari, was the partner. It is not disputed, that the agreement contains an arbitration clause 16, which is as under :

“16) That, in case, of any disputes as regards the interpretation of these presents or in relation to payment either delayed or otherwise in respect of purchase of the finished goods by the First Party and supply by the Second Party, the parties do hereby agree and undertake to settle down the same by Arbitration and the decision of Arbitrator shall be final, conclusive and binding on both the parties. The appointment of Arbitrator shall be made by both the parties mutually and amicably”.

2. Since there was a dispute between the parties, a notice was given on 29-1-2020 by the applicant invoking the arbitration clause, which was not replied to, as a result of which the present application has been filed for appointment of an Arbitrat