Seeking constitution of an Arbitral Tribunal by invoking the jurisdiction of this Court under Section 11 (6) of the Arbitration and Conciliation Act, this application has been filed.

2. Facts in a nutshell necessary for deciding of the controversy indicates that the applicant/association are the exclusive owners of Nazul Plot No. 7/1, Block No. 2, Civil Line, Jabalpur admeasuring 78,600 sq. ft. Parties in question entered into an agreement on 23-4-1996 vide Annexure A-1 and a supplementary agreement (Annexure A-2) on 26-6-2005. In accordance to the aforesaid agreements, the applicant issued a power of attorney in favour of the non-applicant, who was given right to develop and make construction on the area in question in accordance to the terms and conditions of the agreement, even though in the original agreement (Annexure A-1), there was no arbitration clause but in the supplementary agreement (Annexure A-2), dated 26-6-2005, there is Arbitration Clause 15, which reads as under:-

"15. In case of any dispute between the parties with regard to the quality of construction, fixtures, accessories etc., the option and suggestion of the technical representative of the Party Nos.