This writ petition is filed by the petitioner seeking the following

reliefs:-

“(i)

issue a writ of certiorari or such other writ, direction or order

quashing Exhibit P5 as arbitrary, illegal and unconstitutional;

(ii)

issue a writ of mandamus or such other writ, direction or

order compelling the respondents not to enchash the bank

guarantee until the damages are properly quantified in the

arbitration proceedings.”

2.

Apparently, from the pleadings put forth by the petitioner in

this writ petition it is evident that, the subject issue raised by the

petitioner is an arbitrable dispute in accordance with the agreement

executed by and between the parties. In fact the respondents have

appointed an arbitrator, but at that point of time, Arbitration and

Conciliation Act, 1996 was amended and Seventh Schedule is introduced

to the statute and when it is read along with Section 12 especially sub

section (5) thereto, any interested persons functioning as arbitrators is

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prohibited and it is thereupon that petitioner has filed the aforesaid

arbitration request before this Court seeking to appoint any third

persons as Arbitrator. In my considered view, if th