DEBASISH KAR GUPTA,J. - (1.) This is an application filed by the claimant/petitioner under sub-section (2) of section 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act, 1996) for appointment of a substitute arbitrator consequent upon the failure on the part of the arbitrator to act upon the mandate.
(2.) Mr. Mohammed Tabraiz, learned Advocate appearing on behalf of the petitioner submits that an application was filed under section 11 of the said Act, 1996 seeking an order for appointment of arbitrator to adjudicate the dispute and difference invoking clause 25.1 and 25.2 of the Agreement dated May 1, 2010 relating to "construction of RCC platform for local Navaids at Kamorta for marking western entrance of Nancowrie Harbour" between the Andaman Lakshadweep Harbour Works, Kamorta.
(3.) The above application in the matter of R.B. Rajesh v. The Chief Engineer and others (In Re: A.P No. 009 of 2014) was disposed of by the final order dated January 13, 2015 appointing Shri P.Radhakrishnan as arbitrator to adjudicate the dispute and difference in between the parties. The attention of this Court is drawn towards the fact that the above application was filed after failure on the part of the respondent to appoint an arbitrator on the basis of a notice dated December 10, 2014.;