JUDGMENT

(Prayer: Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator to resolve the dispute between the petitioner and the respondents based on the Facility Agreement dated 30th January 2019.)

1. Captioned 'Original Petition' [hereinafter 'OP' for the sake of convenience and clarity] has been presented in this Court on 10.02.2021 under Section 11(5) of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience, clarity and brevity] with a prayer for appointment of an Arbitrator.

2. Mr.C.Kaveen, learned counsel representing Mr.Pawan Jhabakh, learned counsel on record for sole petitioner who is before this Court submits that the captioned OP is predicated on clause 15 {Captioned 'JURISDICTION AND GOVERNING LAW'} of a 'contract dated 19.01.2019 {styled / captioned 'FACILITY AGREEMENT'}' [hereinafter 'primary contract' for the sake of convenience, clarity and brevity].

3. Aforementioned clause 15 of primary contract reads as follows:

15. JURISDICTION AND GOVERNING LAW

15.1 This Agreement shall be governed and construed in accordance with the laws of India and s