JUDGMENT :

Manash Ranjan Pathak, J.

Heard Mrs. A. Gayan, learned counsel for the petitioners and Mr. Ghanshyam Das Dhiman in-person for the sole respondent.

2. Petitioners had filed a petition being Petition No. 195/2022 under Section 8(2) of Arbitration Act, 1940 before the learned District Judge, Sonitpur, Tezpur against the sole respondent praying for appointment of a new Arbitrator in Arbitration Case No. 1/2019 by substituting or terminating the earlier Arbitrator, who failed to pass the award within the prescribed time, wherein the sole respondent herein was the only opposite party. Said petition No. 195/2022 of the petitioner was duly registered and numbered as Misc.(j) Case No. 01/2022 [arising out of T.S. (Arb) No. 19/2003].

3. After hearing the parties, the learned District Judge, Sonitpur, Tezpur by order dated 28.02.2022 passed in said Misc.(j) Case No. 01/2022 rejected the prayer of the petitioners for appointment of new Arbitrator under Section 8(2) of the Arbitration Act, 1940 and extended the period of the sole Arbitrator for another three months from the date of the said order i.e., on or before 31.05.2022, as it appeared to the said Court to be justified fact and circ