Arb.P. 6/2007 BEFORE HON’BLE THE CHIEF JUSTICE MR J CHELAMESWAR This is an application filed u/s 11(6) of the Arbitration and Conciliation Act, 1966. The parties to the present application are the same as the parties in Arbi tration Petn No.4/2007 which was decided by this court by an order dated 6-2-09. The issues raised in this application are also identical with the issues that f ell for consideration of this court in Arb Petn No.4/07. In the circumstances for the same reasons assigned while allowing the Ar b Petn No.4/07 this application is also allowed. The dispute between the parties which is the subject matter of the prese nt petition is referred to arbitration. However, the learned counsel appearing o n either side submitted that they are not able to agree upon the name of the sol e arbitrator and that the matter be adjudicated by a multi member arbitral tribu nal. The learned counsel for the petitioner suggested the name of Mr Justice D Biswas, a former Judge of this court and the learned counsel for the respondents suggested the name of Mr Justice PC Phukan, a former Judge of this court. It is, therefore, ordered that the dispute between the parties would be resolved by the arbitral tribunal consisting of Mr Justice D Biswas and Mr Justi ce PC Phukan both of whom will choose a 3rd member. The petition stands closed.