ARINDAM SINHA, J - (1.) The Court:-This arbitration petition is for appointment of Arbitrator.
(2.) Mr.Dutt, learned advocate appears on behalf of petitioner in this arbitration petition for appointment of arbitrator. He draws attention to letter dated 6th September, 2017 written by Presiding Arbitrator informing that the Tribunal decided to terminate proceeding in terms of provision under sub-section (3) of section 32 in Arbitration and Conciliation Act , 1996. On query from Court Mr. Dutt submits, this was by reason of one of the arbitrators not being available. He then draws attention to letter dated 12th April, 2017 written by his client in response to respondents' request for waiver under sub-section (5) of section 12 to submit, his client did not waive. Hence, his client is before Court for appointment of arbitrator because agreed procedure has not been able to secure the appointment.
(3.) Ms. Banerjee, learned advocate appears on behalf of respondents and submits, there be appointed retired gazetted officers of Eastern Railway, for a panel of names she is ready with. She submits, this panel was not made over to petitioner since petitioner did not take any steps. She hands over the panel to Mr. Dutt.;