1. This is an application for appointment of an independent Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act 12 of 1996) (for short 'the Act') for deciding the disputes that have arisen between the petitioner and the respondents relating to the execution of contract entered into by them vide agreement bearing No. C.A. No. CEHZ/SEC/07 of 1992-93 dated 13-10-1992. The claim in respect of which arbitration is sought is of the value of approximately Rs. 27,40,000.00.

2. In answer to the notice, counter-affidavit is filed by the respondents. It is alleged in the counter that without prejudice to the rights of the respondents, since an Arbitrator is appointed on 13-5-1999 vide letter No. 13600/SC/596/E8 by the appointing authority the present application becomes infructuous and may be dismissed by this Court.

3. Without going into the merits of the controversy raised in the application and as the respondents agreed to appoint an Arbitrator and in fact the respondents have appointed an Arbitrator vide proceedings dated 13-5-1999 by name Mr. M.K. Chitkara, CE. Panel of Arbitrators (Pune) c/o CWE Kirkee Range Hills Road, PO Kirkee, Pune-411003 as solw