1. This arbitration application under Section 14 read with Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) has been filed by the applicant seeking termination of the mandate/removal of sole arbitrator and for appointment of fresh/new arbitrator.

The application has been filed with the following prayers:

“In view of the aforesaid, the applicant humbly prays before this Hon’ble Court that this Hon’ble Court may be pleased to:

(a) Terminate/Revoke the mandate of the Hon’ble Arbitrator Justice (Retd.) Narayan Prasad Gupta to act as the sole Arbitrator in the impugned Arbitration proceedings.

(b) Appoint a fresh/new arbitrator to act as the Sole Arbitrator with the mandate to complete the arbitral proceedings by taking over the proceedings from its current stage.

(c) Pass appropriate order determining the fee payable to the new Arbitrator.

(d) Pass any other order which this Hon’ble Court deems just and proper in favour of the Applicant.”

2. The application with prayers as quoted above has been filed with the contentions that by order dated 27/9/2016 passed in Arbitration Application No. 6/2016 sole arbitrator was appointed to adjudicate upon the contractual dispute