JUDGMENT

Sanjay Karol, C.J. - The sole issue that arises for consideration in the present petition is whether the allegation of fraud alleged by the respondent would render the arbitration clause in the agreement dated 15th November 2016 null and void?

2. The facts are short and simple.

3. Sometime in November 2016, the petitioner, a registered private firm, entered into an agreement with the respondent to develop and construct a property near Danapur, Patna District. Allegedly, the petitioner paid huge sums of money to the respondent at that time. In furtherance of the agreement, the petitioner constructed a boundary wall for developing the plot and applied for necessary permissions and sanctions under the relevant statutes. Certain disputes having arisen, the parties reduced the terms afresh into writing, which agreement dated 15.11.2016 was also registered with the appropriate authority. This agreement contains an arbitration clause 17, which stands invoked by the petitioner seeking appointment of a sole arbitrator, more so in the absence of any response to the notice dated 23rd September 2019 requiring the respondent to do so. Petitioner alleges the respondent to have concealed co