Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

Background Facts:

2. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeks appointment of an Arbitrator in terms of the Memorandum of Understanding (‘MoU’) which does not bear a date. The same was entered into between- Plaintiff -Mr. Arjun Mehta and Respondent No. 3- Mr. Suraj Partap Malik on the one hand and Respondent No. 1- Mr. Saurav Gupta and Respondent No. 2-Mr. Palash Ghosh on the other hand.

3. As per the said MoU, the parties together, were intending to incorporate a company for the purpose of manufacturing and marketing of ARB.P. 501/2023 Page 2 of 13 cheese. They entered into an MoU, to this effect, which had various clauses.

4. As per the said MoU the type of cheese that was agreed for manufacture was “Bandel” cheese. The Petitioner and Respondent No.3 were to jointly have 70% of the shareholding of the company which was to be incorporated and Respondent No.3 was to own 30% shareholding. The detailed terms were also contained in the MoU. The clause relating to intellectual property and the arbitration clause was also specified. The said MoU was si