JUDGMENT :

(Prayer: Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, to appoint an arbitrator to arbitrate over the dispute arising out of the violation of the Agreement dated 30.09.2018.)

1. Despite the definitive pronouncements on the terms “Place”, “Seat” and "Venue" by the Hon'ble Supreme Court through its decisions in BALCO, Indus Mobile Distribution Private ltd., Brahmani River Pellets Limited, BGS SGS Soma JV to name but a few, innovative and incisive arguments continue to engage both the Bench and the Bar. This could probably be on account of the fact that though Judicial pronouncements have been made on seat and place of arbitration, however, the definition of Court as defined in Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996 has not been amended. Therefore, arguments are time and again being addressed in this regard. Since I am considering the Preliminary issue regarding the maintainability I have not traversed into the facts and merits of the case except extracting the arbitration clause in the instant case.

2. As a prelude