MOHAN AGRAWAL CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application under Section 11(6) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (for short "the Act") has been filed for appointment of the substitute arbitrator. In brief, the case of the applicant is that an agreement was entered into between the parties for the construction work. Since the dispute had arisen between the parties, therefore, in terms of the arbitration clause, the sole arbitrator was appointed and the arbitration proceedings had started but the sole arbitrator Shri A.P. Singh had resigned on 28.6.2010, therefore, the substitute arbitrator be appointed under Section 15(2) of the Act.

(2.) THE respondents have filed their reply raising the plea that the substitute arbitrator has already been appointed in terms of the arbitration clause and the arbitration proceedings before the substitute arbitrator are in progress, therefore, nothing survives in the present application.

(3.) AS against this counsel for the respondent has submitted that there is specific provision in the agreement for appointment of the substitute arbitrator and, therefore, the applicant has no case.