JUDGMENT :

(Prayer: This Petition has been filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act 1996 praying to appoint an Arbitrator to adjudicate the disputes between the petitioner and the respondents in terms of Clause 15 of the Facility Agreement dated 29.03.2019.)

1. A lender, Northern ARC Capital Limited, has filed this petition against the borrower, Feedback Infra Private Limited, and the guarantor, Mission Holdings Private Limited, for the appointment of a sole arbitrator.

2. The borrower, who is the first Respondent herein, approached the Petitioner seeking loan facilities. Thereafter, the Petitioner and the first Respondent entered into a Facility Agreement dated 29.03.2019(the FA) by which the Petitioner agreed to extend a loan of Rs.2,50,00,000/- to the first Respondent. Such loan was repayable with interest thereon at 13% per annum in 24 equated monthly installments. The FA admittedly contains an arbitration clause in Clause 15 thereof. In connection with the grant of loan facilities, several other documents and agreements were executed contemporaneously. These documents or agreements included a deed of hypothecation, demand promissory note, speci