Arbitration & Conciliation Act, 1996–Sec. 11–Application for appointment of arbitrator–Maintainability–Applicant had filed the suit before Bombay High Court and the plaint was returned under Order 7, Rule 10 for being presented before the Court at Udaipur–Pursuant to this order, plaint has been filed at Udaipur which is pending–Fact of arbitration clause had came in the knowledge of petitioner when the plaint was returned, however, no step was taken to comply with the requirements of the said clause–Now, present application has been filed by claiming that the suit is not maintainable–Whether the application u/s. 11 can be held maintainable?–Held, no.
