Sujoy Paul, J.

1. The order of reference dated 31.1.2017 which has occasioned the constitution of this Full Bench has been passed by a Division Bench in AC No.27/2013 (M/s ESSEL Infra Projects Ltd. v. State of M.P.).

2. The relevant facts giving rise to the reference are that the aforesaid arbitration case filed under Section 11(6) of Arbitration and Conciliation Act, 1996 (for short 'Act of 1996') was listed before the learned Single Judge wherein it is prayed that an appropriate Arbitrator may be appointed as per the relevant dispute resolution clause in the agreement. During the course of hearing of the said matter before the learned Single Judge, the respondents have raised an objection as to maintainability of the application under Section 11(6) of the Act of 1996 on the ground that the provisions of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (Adhiniyam of 1983) are applicable for the dispute between the parties and; therefore, matter has to be referred to the Tribunal constituted under the Adhiniyam of 1983.

3. During the course of hearing before the learned Single Judge, the parties cited single bench decision of this court rendered in the case of Jabalp