Prakash Shrivastava, J.:-

1. This application under Section 11(6) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (for short "the Act") has been filed for appointment of the substitute arbitrator. In brief, the case of the applicant is that an agreement was entered into between the parties for the construction work. Since the dispute had arisen between the parties, therefore, in terms of the arbitration clause, the sole arbitrator was appointed and the arbitration proceedings had started but the sole arbitrator Shri A.P. Singh had resigned on 28.6.2010, therefore, the substitute arbitrator be appointed under Section 15(2) of the Act.

2. The respondents have filed their reply raising the plea that the substitute arbitrator has already been appointed in terms of the arbitration clause and the arbitration proceedings before the substitute arbitrator are in progress, therefore, nothing survives in the present application.

3. Learned counsel appearing for the applicant submits that the agreement does not provide for appointment of the substitute arbitrator and that the substitute arbitrator has been appointed after filing of the present application, therefore,