Hon’ble Rajan Roy, J.—This is an application under Section 11 (6) of the Arbitration and Conciliation Act 1996 (hereinafter referred as Act 1996') for appointment of a substitute arbitrator in terms of Section 15(2) of the Act 1996.

2. The facts in brief are that the parties herein had entered into a contract which contained an arbitration clause. This said arbitration clause reads as under:

^^¼13½ ;g fd bl i= esa i{kdkjksa esa ;fn dksbZ fookn mRiUu gksrk gS rks bldk fuokj.k e/;LFkksa ds )kjk fd;k tk;sxk tks fd Jh ch0ds0 nwcs o Jh nq";Ur dqekj jgsaxsA ;fn nksukas e/;LFk viuk iapkV vyx&vyx nsrs gSa rks i{kdkjksa dh lgefr ls ,d ,Eik;j fu;qDr fd;k tk;sxk ftldk fu.kZ; i{kdkjksa ij ck/;dkjh jgsxkA**

3. The arbitration clause provides for a named arbitrator. The named arbitrators failed to perform their functions entrusted to them under the Arbitration Clause, accordingly, an application was filed by the applicant herein under Section 11 (6) of the Act 1996, whereupon, this Court issued notice to the respondents herein and thereafter vide order dated 30th November 2011 appointed Justice A.N. Gupta (Retired) as an arbitrator in the matter. As luck would have it, Justice Gupta lef