JUDGMENT :

M. SUNDAR, J.

Prayer: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole Arbitrator to adjudicate upon the differences and disputes between the parties under the said agreement dated 30.01.2014 in respect of Loan Agreement bearing No. CHNHL13000332 and Supplementary Loan Agreement bearing No. CHNHL13000444.

1. Captioned ‘Arbitration Original Petition’ [hereinafter ‘Arb OP’ for the sake of convenience and clarity] has been presented in this Court on 06.01.2022 under Section 11(6) of ‘The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)’ [hereinafter ‘A and C Act’ for the sake of brevity, convenience and clarity].

2. Section 11(6) of A and C Act will apply in cases where an appointment procedure has been agreed upon by the parties and the same has failed either because one of the parties failed to act in accordance with the procedure or because there is a dead lock in two arbitrators reaching appointment about third arbitrator. Third failure is where the person or institution fails to perform any function entrusted to him under the agreed procedure.

3. In the case on hand, an arbitration agreement betw