F. I. REBELLO, J.:- The application was moved under section 9 of the Arbitration and Conciliation Act, 1996 (for short "the said Act"). An objection was raised that the named arbitrator who was the sole arbitrator had expired and that the respondent was not willing to continue with the arbitration after the death of named arbitrator. A learned Judge after considering the various contentions was pleased to hold that on the death of arbitrator and in the absence of parties agreeing to appoint another arbitrator, there would not be an arbitration agreement and consequently no relief can be granted. A alternative plea was made on behalf of the petitioner that the suit should be revived. The learned Judge was pleased to grant liberty to take appropriate steps and/or proceedings in accordance with law for restoration of the suit. It is this order which is the subject matter of the present proceedings.

2. Arbitration clause reads thus:

"1. By consent, the dispute in the suit between the Plaintiff and Defendant is referred to the Arbitration of the Sole Arbitrator Shri. A. B. Palkar (Retired Judge Bombay High Court).

2. Parties shall file all pleadings before the Sole Arbitrator.

3. Th