Manak Mohta, J. - (1.) HEARD learned Counsel for the parties in respect of application filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') for appointment of new Arbitrator in place of appointed Arbitrator.
(2.) IT is submitted by the learned Counsel for the applicant that the considering the facts that their existed a dispute between the parties, vide order of the Chief Engineer, IGNP, Jaisalmer No. FA (6AC)(469) Part -II/CE/IGNP/6450 -55 dt. 01.07.1995 Shri D.D. Notra (the then sitting Superintending Engineer Gajner -Kolayat Lift Circle -I, I.G.N.P., Bikaner) was appointed as the Arbitrator for adjudication of disputes between the parties and to resolve the claim arising out of Agreement No. 151 of 1984 -85 in the matter of "Manufacturing and supplying of pucca tiles and bricks at Kiln near RD 1313 of IGMN". It is further submitted that the appointed Arbitrator Shri D.S. Notra has not culminated the arbitral proceedings as Shri Notra has been transferred to Punjab and since then for the last nine years the matter is pending unattended and has not been finalised and the applicant is suffering monetary loss on account of it, under such circumstances, a prayer was made for the appointment of new Arbitrator with a further request that the newly appointed Arbitrator be directed to resolve the dispute expeditiously. For this purpose, the applicant has also applied several times to the opposite side to make appointment of a new Arbitrator but despite repeated requests, new Arbitrator has not been appointed. Thus, this application has been filed by the applicant for that purpose, the notices whereof were sent to the opposite party.
(3.) A reply to the application has been filed by the opposite side but in the reply no substantial cause has been shown why the earlier Arbitrator should not be replaced by appointing new independent Arbitrator.;