Rajan Roy, J. - (1.) This is an application under section 11 (6) of the Arbitration and Conciliation Act 1996 (hereinafter referred as Act 1996') for appointment of a substitute arbitrator in terms of section 15(2) of the Act 1996.
(2.) The facts in brief are that the parties herein had entered into a contract which contained an arbitration clause. This said arbitration clause reads as under: ...[VERNACULER TEXT OMITTED]...
(3.) The arbitration clause provides for a named arbitrator. The named arbitrators failed to perform their functions entrusted to them under the Arbitration Clause, accordingly, an application was filed by the applicant herein under section 11 (6) of the Act 1996, whereupon, this court issued notice to the respondents herein and thereafter vide order dated 30th November 2011 appointed Justice A.N. Gupta (Retired) as an arbitrator in the matter. As luck would have it, Justice Gupta left for his heavenly abode while he was proceeding with the arbitration. In these circumstances the applicant has filed this application for appointment of a substitute arbitrator in terms of Section 15(2) of the Act 1996.;