(1.) An arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') was filed before the Chief Justice of this Court in the year 2008 for appointment of an Arbitrator for resolving the dispute between the parties in view of Arbitration clause contained in the partnership agreement dated 17.4.2004. The said application was allowed by me as a person designate by the Chief Justice vide order dated 3.7.2012 and a former Judge of this Court was appointed as the Sole Arbitrator. The Arbitrator invited parties to submit their claim. Notices for the purpose were issued to the parties and it was also published in the newspaper 'Hindustan' on 19.9.2012. Pursuant to the publication of the notice, parties had appeared before the Arbitrator. A claim was preferred. The respondents through their counsel took time for filing objections and got the matter adjourned.
(2.) Pending proceedings before the Arbitrator, respondents have preferred Application No. 361506 of 2012 to modify the order dated 3.7.2012 praying for fixing fees for arbitration and to nominate some other person as the Arbitrator.
(3.) The aforesaid application is being opposed by filing a counter-affidavit.