The Court:- This is an application under Section 11(6) of the Arbitration and Conciliation Act, hereafter referred to as the "1996 Act" for appointment of an Arbitrator in place of the erstwhile Arbitrator, a retired Judge.

The short question involved in this application is, whether, upon the death, resignation or termination of mandate of an Arbitrator appointed by the Chief Justice under Section 11 Sub-section 6 of the 1996 Act , the substitute Arbitrator is to be appointed by the Chief Justice and/or his designate or in accordance with the arbitration agreement.

Disputes appear to have arisen in connection with a contract which, inter alia, contained an arbitration clause which is set out herein below for convenience:

"ARBITRATION Except where otherwise provided in the contract all question and disputes relating to the meaning of specifications, designs, drawings and instructions herein contained and as to the quality of the workmanship or materials used on the work or as to any other question claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these condit