SHIV NARAYAN DHINGRA,J.

1. This petition has been filed by the petitioner under section 11(6) and section 14(1) of Arbitration and Conciliation Act with a prayer that this Court should appoint another sole arbitrator in place of the earlier Arbitrators appointed under the agreement, to decide the dispute and claims of the petitioner. The petitioner contended that the Arbitrators appointed under the agreement have failed to proceed in the matter for last more than one year which demonstrate that they have failed to perform their function and hence the present application.

2. A brief background of the case. The petitioner is a contractor who had undertaken a contract of civil construction. He raised certain disputes and invoked arbitration agreement on 20.10.1997 and sent notice to the respondent to appoint the arbitrators. The Arbitrators were appointed by the respondent and claims of the petitioner were referred to the Arbitrators. However, petitioner approached this Court vide a petition No.352/98 claiming that the only a part of the claim was referred to the Arbitrators and claim Nos.3,5,6 and 7 were not referred to the Arbitrators. Vide order dated 28.8.2000 this Court directed

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