JUDGMENT

A. K. GANGULY, C.J. This review petition has been filed for reviewing the order dated 10.11.2006 passed by the Hon’ble Chief Justice in exercise of His Lordship’s power under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter called “ABC”). The Hon’ble Chief Justice, after considering the facts of the case, was pleased to hold that since no arbitration clause exists between the parties it is not possible for His Lordship to exercise power under Section 11 of ABC to appoint an Arbitrator.

2. When arguments commenced in this matter it appeared to me that an application for review of an order passed by the Hon’ble Chief Justice under Section 11 of ABC is prima facie not maintainable. As such, before considering the matter on merits, the application was heard fully on the question of maintainabili¬ty. In this matter the Court while hearing the learned counsel for the petitioners also appointed Mr. R.K.Rath, learned Senior Counsel of this Court to assist the Court as an amicus curiae and Mr. Rath has ably argued and admirably assisted the Court.

3. Both the learned counsel for the petitioners and the learned amicus curiae urged that the Review Petition is mai