1 S.B.Civil Arbitration Application No.69/2008 5.3.2010 Hon'ble the Chief Justice Mr.Jagdish Bhalla Mr.R.K.Daga for the applicant. Mr.Nalin Ji Narayan for the respondents. The High Court of Judicature for Rajasthan at Jodhpur vide Notification dated 6th March, 1997 has notified that in exercise of the powers conferred by Sub-section (10) of Section 11 of the Arbitration and Conciliation Ordinance, 1996 (hereinafter referred to as 'Ordinance'), the Chief Justice of the High Court of Judicature for Rajasthan, hereby makes the following Scheme: “1. This Scheme may be called the Scheme for appointment of Arbitrators, 1996. Submission of request 2(i) The request under Sub-Section (4) or Sub-Section (5) or Sub-section (6) of Section 11 of the Ordinance shall be made in writing in the form prescribed in Appendix I and shall be accompanied by- (a) The Original arbitration agreement or a true copy thereof. (b) An affidavit supported by the relevant documents or true copies thereof to the effect that the condition to be specified under Sub-section (4) or sub- section (5) or sub-section (6) of section 11 of the Ordinance, as the case may be, before making the request to the person designated by the Chief Justice, has been satisfied. (ii) The request referred to in sub-para 2(i) of this para shall be accompanied by 2 as many copies of the request together with items (a) and (b) of sub-para 2(i), as the number of parties to the arbitration agreement or such number which the person designated, in para 3 of the scheme may direct. (iii) In case the person making the request does not have the original arbitration agreement or a copy thereof, he shall file an affidavit giving relevant facts in that behalf and request that the opposite party may be directed to produce the original or a copy thereof.” From the perusal of the above, it is crystal clear that either original copy of the arbitration agreement or its true copy is required to be filed. The learned counsel for the applicant informs that the original copy is with the respondents and he has not filed the true copy of the agreement. Accordingly, in absence of either of the two, this application is not maintainable and the same is rejected. However, liberty is granted to the applicant to act in accordance with the above Scheme. (Jagdish Bhalla)C.J. Parmar