D. M. DHARMADHIKARI, J.

( 1 ) THIS application has been filed under Sec. 8 read with Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') with a request to the Hon'ble Chief Justice of this Court to appoint a sole arbitrator to decide the disputes between the parties in terms of Clause (9) of the agreement entered into between the parties on 1st of June, 1951 concerning the civil work for providing, supplying and laying 350 mm dia H. S. pipe line for I. W. S. S. Korba, West Area of the South Eastern Coalfields Limited.

( 2 ) THE application under Section 11 of the Act was filed by the applicant-company on 12-12-1996. The non-applicant/secl was noticed and it submitted a reply dated 19-7-1997 filed on 4-8-1997 stating that the approach to this Court for appointment of arbitrator is premature as the stage for arbitration had not then reached. The S. E. C. L. also raised counter-claims against the applicant-company stating that the breach, if any, was on the part of the latter. During pendency of proceedings in this Court, the non-applicant/s. E. C. L. appointed Shri V. K. Tripathi, Chief Mining Engineer (Retd.) of the South Eastern Coalf

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