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11. Referring to the order dated 15.06.2023, learned advocate Mr. Tolia for the plaintiff submitted that though plaintiff had executed the agreement with defendant No.1 there exists no privity of contract with defendant No.2 and therefore, there is no Arbitration agreement between plaintiff and defendant No.2. Defendant No.2 though being a necessary party in these proceedings herein, however, in absence of any arbitration agreement between the plaintiff and defendant No.2, the plaintiff cannot be subjected to any private forum such as arbitration. Learned advocate further submitted that merely by taking over ownership of defendant No.1 by defendant No.2, by no stretch of imagination or by interpretation of any law, it assigned the arbitration agreement prescribed under Clause 18 of agreement dated 18.09.1998 between plaintiff and defendant No.2. Learned advocate submitted that arbitration agreement is separate from the underlying contract and by mere taking over ownership of defendant No.1 by defendant No.2, it would not extend the privity of contract between the plaintiff and defendant No.1 to defendant no.2.

12. Learned advocate Mr. Tolia submitted that the law of assigning of arbitration agreement is clear and necessitates the unequivocal and explicit consent of a party to agree to the assignment of Arbitration agreement. Therefore, in present case, no deed of assignment is placed on record revealing assigning of Clause 18 of the agreement dated 18.09.1998, wherein the confirmation and the consent of the plaintiff is sought supporting such assignment before taking over of defendant No.1 by defendant No.2. Learned advocate therefore, submitted that in absence of any lawful assignment, the privity of contract or existence of arbitration agreement between the plaintiff and defendant No.2, do not satisfy the necessary ingredient of "in pursuance of an agreement in writing of arbitration" as provided under Section 44 of A&C Act and hence the present dispute cannot be referred to arbitration under Section 45 of the A&C Act.