JUDGMENT :

P.P. Naolekar, J.

These applications have been filed by the applicant under Section 11(6)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") to seek appointment of an arbitrator in view of the inability expressed by Mr. Manabu Nonoguchi to act as an arbitrator.

2. The prayer made in the applications is to appoint a suitable person to act as the sole arbitrator in place of the nominated arbitrator under Clause 6 of the Deed of Reserve and Charge of Property dated 22nd February, 2002 (for short "the Deed") and to refer the disputes between the parties to him. The arbitration applications have been filed in the following facts and circumstances. As alleged in the applications, on 7th June, 2001, the applicant entered into a hire purchase agreement titled "Contract of Sale" No. QAC-3372(R) for sale/purchase of 5 sets in 2 lots of Murata No. 7-V Mach-cone automatic cone winder magazine type 60 drums on deferred payment terms.

3. The applicant exported the machinery in two lots. The first shipment (2 sets) was made on 10th July, 2001 under Invoice No. 6321 and the second shipment (2 sets) was made on 5th October, 2001 under Invoice No. 6364. Th