RAJIV SHAKDHER, J.

Preface & Background Facts:

1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short “1996 Act”). The petitioner seeks the appointment of an Arbitrator in terms of Collaboration Agreement dated 09.08.2016 (hereafter referred to as 'Collaboration Agreement') executed between himself and, one, Late Mrs. Kalyani Roy.

1.1 Late Mrs. Kalyani Roy is the mother of respondent 1 to 4.

1.2 The Collaboration Agreement pertains to an immovable property described as: D-603, Chittaranjan Park, New Delhi – 110019 (hereafter referred to as the “subject property”).

2. At the very outset, it would be pertinent to state that respondent no.2 and 3 have no objection to the prayer made in the instant petition for appointment of an Arbitrator. Presently, respondent no.1 is the only person who seeks to contest the petition.

2.1 At this juncture, it would also be relevant to note that respondent no.4 appears to have left his home of origin some 17 years ago and, is since, then untraceable. Though an attempt was made to serve respondent no.4 via the usual method as well as via substituted service, the exercise carried out proved to be futile.