JUDGMENT :

(Moushumi Bhattacharya, J.) :

1. The petitioner prays for appointment of an arbitrator in this application under section 11 of The Arbitration and Conciliation Act, 1996.

2. The petitioner is a Developer and the respondents are the owners of an immovable property situated at Dalimtala Lane, Kolkata. The petitioner was to develop the property described in the Agreement and the developed property was to consist of both the Owners’ as well as the Developer’s Allocations. The petitioner claims to have done substantial work in terms of the Agreement. The petitioner also claims to have made payment of Rs. 32 lakhs towards refundable security deposit to the respondents. The respondents terminated the Development Agreement on 12.2.2019. The petitioner claims that the respondents however waived the termination and allowed the petitioner to continue performing the Agreement. The petitioner invoked the arbitration clause in the Agreement by a Notice dated 28.4.2023 under section 21 of the 1996 Act. The respondents refused to agree with the petitioner’s nomination of an arbitrator and the present application was thereafter filed on 24.8.2023.

3. Learned counsel appearing for the resp