Arb.P. 26/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR J CHELAMESWAR When the matter is taken up today Dr AK Saraf, learned senior counsel made a sta tement that the applicant does not wish to press the case against the respondent Nos.2 and 3. According the names of respondent Nos.2 and 3 are struck off. This is an application with the prayer as follows :- & it is therefore most respectfully prayed that Your Lordships may be pleased t o issue notice to the Respondents to show cause as to why (a) Necessary measures under Section 11 of the Arbitration and Conciliation Act, 1996 should not be taken and/or (b) An independent and impartial Arbitrator be appointed as the third Arbitr ator in place of Hon’ble Mr Justice J.N. Sarma (Retd). The facts leading to the filing of the present application are that the applican t herein had earlier approached this court by way of Arb Petn No.1/03 seeking ap pointment of an Arbitrator for adjudicating the disputes between the parties to the said arbitration case arising out of a contract dated 22-4-97. This court by an order 28-10-03 appointed a panel of three Arbitrators, i.e., Sh ri RG Kulkarni, Sri SN Phukan and Mr Justice JN Sarma, a retired Judge of this c ourt and further directed that Mr Justice Sarma shall be the Presiding Arbitrato r. However, by an order dated 10-3-08 Mr Justice JN Sarma, for reasons specified th erein informed the parties and also the other two Arbitrators that he was no inc lined to continue as an Arbitrator. The further factual development in the matte r may not be necessary at present as the respondent State of Meghalaya is not op posing the application. In the circumstances, the application is allowed appointing Mr Justice DN Chowdh ury, a former Judge of this Court in place of Mr Justice JN Sarma to be the Pres iding Arbitrator. The application is accordingly disposed of.