M.Y.EQBAL, J. - (1.) REFERENCE may be made to the order dated 23.2.2005, which reads as under : "Reference may be made to the order dated 16.2.2005, which reads as under : "No counter -affidavit has been filed by the respondents in spite of time allowed to the respondents. Learned JC to Advocate General prays for more time for filing counter -affidavit. As prayed for, one week 'stime is allowed for filing counter affidavit. Let this case be listed on 23.2.2005. If by that time, counter -affidavit is not filed then the Chief Engineer, Water Resources Department, Ranchi (respondent No. 2) shall appear in person before this Court." Today neither the counter affidavit has been filed nor the Chief Engineer, Water Resources Department, Ranchi appeared in person. Put up this case on 2nd March, 2005. On that day the Chief Engineer, Water Resources Department, Ranchi shall appear in person and file show -cause as to why a proceeding for contempt be not initiated against him for violating the order dated 16.2.2005. By the said time counter affidavit must be filed by the respondents."
(2.) IT is only after the aforesaid order was passed, the Chief Engineer appeared in person and filed counter -affidavit. Perused the show -cause filed by the Chief Engineer. In the facts of the case, the show -cause is accepted with a direction to the Chief Engineer to be very careful in future. Heard the learned counsel for the petitioner and J.C. to Advocate General.
(3.) IN this Request Petition under Sec.11(6) of the Arbitration and Conciliation Act, the petitioner prays for appointment of arbitrator in terms of the arbitration clause contained in Clause 23 of the agreement.;