ORDER

1. This application under section 14 read with sections 11 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996” for short) has been filed by the petitioner-Ellora Paper Mills Limited, seeking termination of the mandate of originally constituted Arbitral Tribunal and appointment of a new Arbitrator.

2. Facts of the case, as averred in the application, are that the petitioner Company is engaged in manufacturing of printing and writing paper of various grades. Its plant is located in Maharashtra State. The respondent issued a tender for supply of the cream wove paper and duplicating paper for the year 1993-94. The petitioner participated in the said tender process and was awarded contract for supply of 1510MT of Cream Wove and 238 MT of Duplicating Paper aggregating 1748 MT vide supply order dated 22.9.1993. According to the terms of the payment, 90% of the amount was to be paid by the respondent immediately after receipt of paper and balance 10% after receipt of the test report. According to the petitioner, it supplied 420 MT of cream wove and 238 MT of duplicating paper to the respondent but the respondent not only did not make the p