ORDER :

The applicant has approached this Court seeking the appointment of an Arbitrator in terms of Section 11(5) of the Arbitration and Conciliation Act, 1996 (herein after referred to as “the Act”) for resolution of the disputes that have arisen between the applicant and the respondent, out of a business transaction.

2. The applicant is a Private Limited Company engaged in manufacturing, distribution and sale of sanitary wares. The respondent is also a Private Limited Company engaged in the business of manufacturing sanitary wares.

3. According to the applicant, Annexure-A4 agreement dated 17.10.2018 was entered into between the parties with regard to the manufacture and supply of sanitary wares for the applicant company. The applicant alleges that the goods supplied were defective or of inferior quality. There has arisen disputes between the parties. Though the applicant, as per Annexure-A10 notice, required the respondent to co-operate for appointment of an Arbitrator for resolution of the disputes, the respondent has not acted in pursuance thereof. The applicant claims to have been thus constrained to approach this Court by way of this Arbitration Request.

4. The respondent, thro