Biswanath Somadder, J.

1. The instant appeal arises out of a judgment and order dated 5th August, 2014, passed by the learned Additional District Judge, 7th Court at Alipore, District – South 24-Parganas, dismissing an application under section 34 of the Arbitration and Conciliation Act, 1996, being Misc. Case No. 39 of 2012, taken out by Lafarge India Private Limited – the appellant herein – on the ground that the said application was not maintainable before it.

2. The genesis of the matter is that certain disputes and differences arose between the appellant and one Kishore Sahoo, who is a Commission Agent, during the course of their business transactions which gave rise to issuance of a notice dated 11th April, 2006, by Kishore Sahoo to the appellant requesting for appointment of a Sole Arbitrator to adjudicate certain disputes pertaining to an agreement dated 12th February, 2001. On 22nd May, 2006, Kishore Sahoo filed an application under section 11(6) before the Orissa High Court and by an order dated 9th March, 2007, a former Judge of the said High Court was appointed as the Sole Arbitrator. In the meanwhile, the appellant herein had filed an application before the Cal