JUDGMENT :

Arijit Banerjee, J.:

1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (in short ‘the Act of 1996’), for appointment of an arbitrator for adjudication of disputes and differences that have arisen between the parties in relation to a Development Agreement dated December 15, 2006 (in short, ‘the said Agreement’) entered into by and between the parties. It is not in dispute that the said Agreement contains an arbitration clause for resolution of disputes and differences between the parties touching the said Agreement.

2. Schedule ‘F’ to the Development Agreement dated 15.12.2006 which contains the Arbitration Clause reads as follows:

“SCHEDULE ‘F’

ARBITRATION

1. All disputes and differences between the parties hereto arising out of this agreement regarding this constructing or interpretation of any of the terms and conditions herein contained or determination of any liability or touching these presents shall be referred to the arbitration and the same shall be deemed to be a reference within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory enactment or modification thereunder and the Award so delivered shall be conc