The Court:
1. On consent of the parties, the matter is taken out of turn.
2. This application under Section 9 of the Arbitration and Conciliation Act
is necessitated as the application under Section 11 of the said Act,
which was filed before this Court for appointment of an Arbitrator, was
dismissed as withdrawn. In view of certain formal defects, liberty was
granted to the petitioner therein to file an appropriate application upon
taking proper steps.
3. The withdrawal of the application was on the objection raised by Mr.
Aniruddha Mitra learned senior advocate for the respondents that the
notice under Section 21 of the said Act, which was a mandatory
requirement under the law, was served at the wrong address of Smt.
Rashmi Jain and service upon the respondent nos. 3 and 4 was
inconclusive. The petitioner could not satisfy the court that the notice
of invocation had been served upon the respondents.