JAYANT NATH, J.

1. This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an independent sole arbitrator to adjudicate the disputes between the parties.

2. The disputes between the parties have a long chequered history. On 29.05.1991, the respondent floated a tender for the work of construction of Municipal Staff Quarters at Model Town Phase-II, New Delhi. On 16.01.1992 the work was awarded to the petitioner. On 21.05.2002, disputes having arisen between the parties, the petitioner invoked the arbitration clause. Sometimes in May 2003, the Commissioner, MCD appointed Sh. C.M. Vij as an Arbitrator to adjudicate the disputes between the parties. Sh. C.M.Vij is said to have entered into reference on 25.07.2003. It appears that the proceedings before the learned Arbitrator were meandering on as neither the parties nor the Arbitrator was showing much interest. On 22.04.2016, the learned Arbitrator passed away. It was at that stage the petitioner appears to have woken up and on 16.05.2016 filed a petition under Sections 14 and 15 of the Act for appointment of an Arbitrator. This petition wa