IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.29 of 2007 VIJAY SHEKHER SINGH Versus THE STATE OF BIHAR & ORS ----------- 5. 3.7.2008. No counter affidavit has been filed in spite of last indulgence given to the State vide order dated 25.4.2008. This application under Section 11(4) (5) (6) of the Arbitration & Conciliation Act, 1996 has been filed for appointment of arbitrator. Heard learned counsel for the petitioner as also the counsel for the State. The petitioner is a work contractor. An agreement bearing No. F2 586 of 2003-04 as contained in Annexure-1 was executed in between the petitioner Vijay Shekhar Singh and the Executive Engineer. It appears that during the execution of the work in terms of the agreement there arose some dispute between the parties as a result the petitioner served a notice dated 10.4.2007 (Annexure-3) which was received by Executive Engineer on 11.4.2007 for appointment of arbitrator in terms of Clause 23 of the Agreement. Despite having received said notice no arbitrator was appointed by the Executive Engineer. Thus, having regard to the facts and circumstances, Sri Subodh Paswan, Retired District Judge is hereby appointed as Arbitrator to adjudicate the dispute between the parties. Let a copy of this order be sent to the arbitrator at his residence. - 2 - Learned arbitrator shall be at liberty to fix his own remuneration and also evolve the procedure to be gone into during the arbitral proceeding. Parties are directed to appear before the learned Arbitrator. Learned arbitrator is requested to conclude the arbitral proceeding at the earliest. Accordingly, this application is disposed of. kanchan (Ghanshyam Prasad, J.)