A. KULASEKARAN, J.

This application has been filed under section 9(ii)(e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of injunction, restraining the respondents 1 and 2 from proceeding with the proposed arbitration proceedings on 14.5.2001 or any other date subsequent thereto at Udipi, pending disposal of the application.

It is the case of the applicant herein that the respondents 1 and 2 herein have leased out some machineries under agreement dated 30.12.1995 to the applicant herein. In the said agreement, under clause 32, arbitration is provided. One Mr. B. I. Sharma, the 3rd respondent herein, was appointed as arbitrator who has sent notice to the parties including the applicant herein. According to the applicant, the respondents 1 and 2 had unilaterally chosen to appoint the arbitrator of their choice which is illegal and arbitrary and unsustainable in law. It is the case of the applicant that, as per the Arbitration and Conciliation Act, both the parties have option to choose their respective arbitrators, and in turn, those arbitrators have a choice to appoint an umpire to ultimately decide the issue in case, there is conflict between them