( 1 ) THE petitioner has filed the present petition under Section 15 of the Arbitration and Conciliation act,1996 (hereinafter REFERRED TO as the Act) for directions to respondent No. 1 to appoint substitute arbitrator in place of Shri S. M. Johri (Arbitrator nominated/appointed by respondent No. 1) consequent upon the termination of the mandate of Shri S. M. Johri, who has withdrawn from the office due to some personal reasons. In the alternative, it is prayed that the Court may substitute an Arbitrator in place of Shri S. M. Johri.

( 2 ) THE petitioner had entered into a contract with respondent No. 1 for construction of 120 dwelling units for Shivlok Co-operative Group Housing Society Limited at plot No. 6, Sector-6, Dwarka, Phase-1, New Delhi vide agreement dated 20/04/1995. Disputes arose when 29th R/a bill was submitted by the petitioner on 2 9/12/1999. The net amount of the bill was rs. 53,03,456/ -. The respondent No. 1 instead of paying the bill stated that the petitioner had been paid rs. 44. 35 lakhs in excess. The agreement contained an arbitration clause, in pursuance to which, the petitioner nominated Shri Suresh Malik, Architect as his nominated arbitr