SANJIB BANERJEE,J. - (1.) The petitioners say that the arbitration clause on which the present request under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been founded is contained in a development agreement of September 15, 2006. According to the petitioners, the arbitrator named in the arbitration clause entered upon reference but refused to continue thereafter.
(2.) It is submitted on behalf of the respondents that the petitioners have instituted suits in respect of the matters covered by the arbitration agreement. The respondents also suggest that following the named arbitrator resigning or refusing to continue with the reference, the petitioners have not made any attempt to forge an agreement for the constitution of the arbitral tribunal.
(3.) Indeed, it does not appear that there has been any request by the petitioners to the respondents for the constitution of an arbitral tribunal or for there to be an agreement on the procedure for securing the constitution of the arbitral tribunal subsequent to the resignation of the named arbitrator or the refusal on his part to continue with the reference.;