(August 10, 2001) 2001 (TLS)125489

2001-DRJ-59-697

BHARAT BATTERY MANUFACTURING COMPANY PRIVATE LIMITED Vs. Union of India

Vijender Jain

( 1 ) IT is application for appointment of Arbitrator. It is contended by counsel tor [he respondent that the Arbitrator resigned on account of the conduct of I he claimant. It is also contended by counsel for the respondent that the proceedings before the Arbitrator were almost complete. He has further contended that the direction may be issued to respondent to appoint an Arbitrator in terms of arbitration Clause between the parties.

( 2 ) I have given my careful considerations to arguments advanced by counsel for the parties.

( 3 ) THE law regarding appointment of an Arbitration and supply of vacancy is well settled. Once the Arbitrator has resigned which in this case, the petitioner has filed a letter dated 19/04/1999 at page 25 of the paper book pursuant to which the Arbitrator resigned to act further in the matter. Afier the Arbitrator resigned, petitioner wrote to the respondent in terms of the arbitration clause for supplying the vacancy by appointment of a new Arbitrator. Inspite of that letter, the respondent did not supply t