Arb.P. 22/2010 BEFORE HON’BLE THE CHIEF JUSTICE MR.MADAN B. LOKUR This petition has been filed under Section 15(2) of the Arbitration and Conciliation Act, 1996. Section 15(2) of the Arbitration and Conciliation Act, 1996 reads as fol lows :- 15. Termination of mandate and substitution of arbitrator - (1) In addition to the circumstances referred to in Section 13 or Section 14, th e mandate of an arbitrator shall terminate - (a) where he withdraws from office for any reason; or (b) by or pursuant to agreement of the parties. (2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. (3) Unless otherwise agreed by the parties, where an arbitrator is replaced unde r sub-section (2), any hearings previously held may be repeated at the discretio n of the arbitral tribunal. (4) Unless otherwise agreed by the parties, an order or ruling of the arbitral t ribunal made prior to the replacement of an arbitrator under this section shall not be invalid solely because there has been a change in the composition of the arbitral tribunal. In this case, Mr. Justice DN Choudhury was appointed as an arbitrator pu rsuant to an order passed on 22nd January, 2010 in Arbitration Petition No.19 of 2008. No appeal was filed challenging the appointment of Mr. Justice DN Choudhu ry as the Arbitrator. There is nothing on record to suggest that any challenge has been made t o the appointment of Mr. Justice D.N. Choudhury as Arbitrator (Section 13 of the said Act) nor has it has become impossible for Mr. Justice DN Choudhury to act as an Arbitrator (Section 14 of the Act) nor has he withdrawn from the position as an Arbitrator (Sections 14 and 15 of the Act). Under the circumstances, I do not see how this present application for t ermination of the mandate of appointment of Mr. Justice DN Choudhury is maintain able or even to appoint a substitute arbitrator. Learned counsel for the petitioner is also unable to throw any light in the matter. There is no merit in this arbitration petition. The petition is dismissed.