MANMOHAN SINGH, J.

1. The petitioner has filed the petition being O.M.P. (T) (COMM.) No. 5/2016 under Section 12 read with Section 14 of the Arbitration and Conciliation Act, 1996 seeking to terminate the mandate of Mr. M.K.S. Menon, Advocate, to conduct the arbitration proceedings between the parties as the Sole Arbitrator and appoint a substitute arbitrator, preferably a retired Judge of this Court to adjudicate upon the disputes between the parties.

2. Prior to that, the same very petitioner has filed an appeal being Arbitration Appeal No. 31/2015, under Section 37(2)(b) of the Act against the orders dated 9th March, 2015, 9th April, 2015, 14th April, 2015 and 9th May, 2015 passed by the above said Arbitral Tribunal, wherein on 16th December, 2015 the learned Predecessor Court had passed certain directions to the respondent. The extract of the said order reads as under:-

“Having considered the contentions of the learned counsel, the Court is of the view that the respondents argument that the contract is unworkable is untenable, because the respondent knew fully well what the contract entailed and willingly entered into it without any coercion. The Cluster-bus Scheme is