Indira Banerjee, J. - (1.) In this application the petitioner has, inter alia, prayed for the following orders:- "(b) An order be passed declaring that the mandate of Mr. Amar Nath Shroff, the learned named sole Arbitrator shall not be terminated with the expiry of July 19, 2009; (c) An order be passed declaring that Mr. Amar Nath Shroff the learned named sole Arbitrator will not become de jure or de facto unable to perform his function as the sole Arbitrator with the expiry of July 19, 2009; (d) An order be passed directing that Mr. Amar Nath Shroff shall be entitled to continue with the arbitration proceedings till the disputes as raised by an between the parties are resolved in totality; (e) An order be passed directing the Respondent No.1 to participate in the arbitration proceedings till all the disputes are settled by the learned Sole Arbitrator, Mr. Amar Nath Shroff in totality;"
(2.) Disputes which had arisen between the petitioner and his brothers, that is the respondents, were referred to arbitration in terms of an arbitration agreement which is extracted in paragraph (3) of the petition. The arbitration agreement, inter alia, provides as follows : "Subject to the parties to the arbitration rendering full co-operation and assistance to the Sole Arbitrator, the Sole Arbitrator shall complete the arbitration proceedings within a period of 60 days from the date of the agreement, which may be extended by mutual consent of the parties to arbitration."
(3.) The question is, whether this Court can really modify the terms and conditions of an arbitration agreement on the basis of which arbitration proceedings have commenced.;