- (1.) Heard learned Counsel for the parties. This application has been filed under section 11(4) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator to resolve the dispute between the parties arising out of Contract AL No. C&M/10595 dated 24.3.2006.
(2.) The applicant company had entered into a contract with the respondent N.T.P.C. Ltd., Clause 56 of the general conditions of contract, provided for settlement of disputes by the sole arbitrator. Dispute arose between the parties on 8.2.2010. Mr. J.N. Singh, General Manager of N.T.P.C., Shaktinagar entered into reference, as sole arbitrator under Clause 56. Several dates were fixed by the arbitrator, but according to the applicant the arbitrator did not proceed and was delaying the proceedings.
(3.) The applicant has approached the Court to terminate the mandate of the arbitrator under section 14(2)(a) of the Act for undue delay and to appoint substitute arbitrator.;