1. Heard Sri Nand Kishore Singh for the petitioner and Sri Lalit Kishore, learned Additional Advocate General-III for the State of Bihar.

2. The petitioner has filed the instant request case praying inter alia to appoint an arbitrator as the Superintending Engineer, the named arbitrator refused to proceed with the arbitration proceedings under his letter no. 421 dated 6.7.2005, annexure-2 on the ground that the arbitration clause 23 has already been deleted in terms of the resolution of the State Government dated 18.11.1992.

3. By filing counter affidavit the State respondents have opposed the prayer with reference to the aforesaid resolution of the State Government dated 18.11.1992, the original agreement signed between the parties dated 22.11.2002, annexure A & B to the counter affidavit and has submitted that the arbitration clause 23 was deleted at the time of signing of the agreement between the parties which fact is evident from perusal of the agreement itself which has been duly signed by the parties on every page and is contained in annexure B to the counter affidavit.

4. Learned counsel for the petitioner in reply has submitted that the deletion of clause 23 has no