ORDER :

Two companies i.e. M/s.MBS Impex Private Limited and M/s.MBS Jewellers Private Limited, both represented by its managing director, the applicant herein, filed this arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996, (in short, “the Act”) seeking nomination of an Arbitrator to resolve the disputes with the respondent-Minerals and Metals Trading Corporation Limited, which is a Government of India enterprise, (in short, “the respondent-company”).

2. Section 7 of the Act prescribes what an arbitration agreement means and what constitutes an arbitration agreement. In that context, it is to be seen whether there exists an arbitration clause in the agreement, the dispute is alive between the parties and such dispute is in relation to the subject matter of the agreement; whether there is fraud to disentitle the relief sought in the arbitration application. To unravel these issues, it is necessary to note the relevant pleadings of the parties.

3. The facts stated are:- the 1st applicant is a private limited company incorporated in the year 2000 for the purpose of carrying out the business in bullion trading and export of jewellery, likewise, the 2nd