IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.5 of 2009 M/S MARUTI ENTERPRISES Versus THE EAST CENTRAL RAILWAYS & OTHERS ----------- 04/ 16.04.2009 Heard learned counsel for both the parties. This petition has been filed for appointment of an independent/impartial Arbitrator for amicable settlement of the dispute between both the parties regarding payment of outstanding dues. It transpires that on 03.12.2007 and 18.02.2008 the petitioner filed applications before the respondents authorities for referring the dispute to an Arbitrator according to the Arbitration Clause in their agreement and thereafter vide order dated 24.03.2008 an Arbitral Tribunal was formed by the respondents authorities. Learned counsel for the petitioner further submits that three persons of the Tribunal resided at different places and in spite of repeated request including letter dated 08.05.2008 filed by the petitioner no date or time for arbitration was fixed by the said Tribunal and hence he had no remedy left but to file the instant request case on 17.03.2009. In the said facts and circumstances, this request case is allowed with a direction to the Arbitral Tribunal to fix a date and place for arbitration within one month from today so that both the parties may file their claim and counter claim and the said arbitration be completed within six months thereafter. harish/ ( S.N.Hussain, J.)