JUDGMENT :

1. Heard Mr. G.N. Sahewella, learned Senior counsel assisted by Mr. M. Sahewalla, learned counsel for the petitioner. Also heard Mr. R. Goswami, learned counsel appearing for the respondents.

2. The present petition has been filed seeking appointment of an Arbitrator by invoking Section 11(5) of the Arbitration and Conciliation Act, 1996 after the respondents declined to refer the dispute for arbitration in terms of the Compact Insurance Policy No.1310002618P113591521 entered between the parties.

3. The petitioner is a private Limited Company incorporated under the provisions of Companies Act, 1956 engaged, amongst others, in the business of running a chain of multi branded Retail Shops across the entire North East India and having several shopping malls.

4. The respondent No.1 is engaged in the business of General Insurance providing general insurance policies including industrial all risk policy.

5. According to the petitioner, the business activities of the petitioner was covered by Insurance policy underwritten by the respondent No.1 effective from 23.01.2017 upto 22.01.2018, which was renewed from time to time by paying requisite premium. According to the petitioner