VIBHU BAKHRU, J.

1. The petitioner (hereafter ‘GBPL’) has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) praying that an arbitrator be appointed to decide the disputes between the petitioner and the respondent in relation to the agreements dated 03.12.2010 and 03.03.2011 entered into between the parties.

2. The respondent (hereafter ‘RSSB’) disputes the existence of an arbitration clause as it claims that the agreements in question stand discharged and the arbitration clause contained therein has also perished. GBPL had entered into a Memorandum of Understanding (hereafter ‘MoU’) dated 22.05.2014 with Fortis Hospitals Limited (hereafter ‘Fortis’), which is stated to be the assignee of RSSB. RSSB claims that the effect of this MoU is that the agreements in question stood discharged by novation. RSSB has also opposed the present petition on the plea that this court does not have the jurisdiction to entertain the present petition as the construction works were executed in Ludhiana and the agreement dated 03.12.2010 expressly provided that the courts at Ludhiana would have the exclusive jurisdiction regarding the sub