Arbitration & Conciliation Act, 1996–Sec. 11(5)–Prayer for appointment of arbitrator–No dispute with regard to the existence of arbitration agreement but the respondent has raised the issue of non-arbitrability of the dispute–Case of the applicant that because of the impossibility of his part of contract caused by the unforeseen and exceptional circumstances due to COVID-19, the applicant could not complete supply in terms of the contract–Issue is outside the scope of the agreement between the parties–However, the respondent terminated the contract and if it is accepted that the termination was valid for the reason that the applicant failed to supply of balance quantity as per schedule during the period of the contract, a serious issue with regard to amount recoverable against the applicant has been raised–Matter deserves to be referred to artribator.
