ORAL ORDER

1. Heard learned counsels for the parties and perused the record.

2. The petitioner herein has relied upon the construction agreement dated 23.04.2010 appended at Annexure ‘A’, Page No. ‘11’ of the Paper-book, which ends at Page No. ‘18’, to demonstrate that the agreement was signed by both the parties herein in presence of the witnesses. The said agreement contains an arbitration clause.

3. The dispute raised by the petitioner is with regard to non- compliance of the Condition No. ‘11’ of the construction agreement, i.e. non-payment of the complete cost of construction as per the said clause.

4. The notice invoking arbitration clause issued by the petitioner before filing of the present petition invoking Section 11 (6) of the Arbitration and Conciliation Act’ 1996 seeking appointment of arbitrator for the dispute pertaining to the outstanding construction cost.

5. In the afÏdavit filed on behalf of the respondent, there is a denial about the existence of the agreement. Copy of the construction agreement dated 23.04.2010 has been appended as Annexure ‘R-1’ at Page No. ‘50’ of the Paper-book, which ends at Page No. ‘57’ and it is sought to be submitted that the same was not si