- (1.) HEARD Shri Vinay Khare, learned counsel for the applicant and Shri P.K.Tripathi, learned counsel for the opposite party.
(2.) THE applicant had earlier approached this Court by filing Arbitration and Conciliation Application No.11 of 2012, under section 11(4), the Acting Chief Justice approved the Arbitrator appointed by the respondents and directed that the Arbitrator may give award without delay, preferably within four months. The learned Arbitrator entered into reference and the parties presented themselves before the Arbitrator, the Arbitration Tribunal proceeded and on 3.5.2014, the proceedings was closed, order was reserved for rendering the award on 30.6.2014. However, on that date, the award was not given.
(3.) THE applicant has approached this Court by filing the present application under section 11 read with section 14 and 15 of the Arbitration and Conciliation Act, 1996 seeking the following relief: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to appoint a substitute and independent arbitrator in accordance with the provisions of Section 11,14 and 15 of the Arbitrator and Conciliation Act 1996". The submission of the learned counsel for the petitioner is that under section 14, the mandate of an Arbitrator stood terminated as the Arbitrator failed to act without undue delay, hence the applicant is seeking the appointment of substitute arbitrator under section 15.;