JUDGMENT :

Vineet Saran, J.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “Act, 1996”) for appointment of an arbitrator.

2. The brief facts of this case are that a distribution franchise agreement for "Talcher Electrical Division, Chainpal" was entered into between the licencee-opposite party-Central Electricity Supply Utility of Odisha (for short, ‘CESU’) and the franchise-petitioner-M/s. Enzen Global Solutions Pvt. Ltd. (for short ‘Enzen’). Such agreement was executed on 27.09.2012, which was for a period of five years. A dispute arose between the parties with regard to clause-18 of the agreement relating to “Force Majeure”.

3. The contention of the learned counsel for the petitioner is that since the distribution work could not be commenced by the petitioner between 01.11.2012 and 31.03.2013, which was on account of reasons beyond the control of the petitioner, the petitioner would not be liable to pay the requisite charges under the agreement for the said period. The first communication in this regard was sent by the petitioner to the opposite party on 29.11.2012, which was initially rejected by the opposite party on 13.12.2012.