IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.22 of 2009 M/S Sri Ram Enterprises, a Partnership Firm, having its registered Office at 5th Floor, Sadbhawna, A.C. Road, Bhagalpur-2 through its partner Roshan Kumar Agrawal son of Shiv Kumar Agarwal, resident of Barharwa, District-Sabebganj. …..Petitioner. Versus 1. The Divisional Railway Manager (Engg) East Central Railway, Samastipur. 2. The Senior Divisional Engineer Coordination, East Central Railway, Samastipur. 3. A.V. Kumar, CME/Plg./ East Central Railway, Hajipur and the arbitrator. 4. Sri Om Prkash, Deputy CVO/account, East Central Railway, Hajipur. …….Respondents. ----------- For the petitioner : M/s. Mrigank Mauli & Vinay Mistry, Advocates. For the respondents : Mr. Anil Kumar Sinha, Advocate. -------- 03/ 17.09.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This petition has been filed for appointment of an Arbitrator in terms of Section 11(6) of the Arbitration and Conciliation Act, 1996 as according to the petitioner, the respondents have failed to enter into reference in terms of Clause 64 of the General Conditions of Contract which regulates the terms and conditions of the contract or the conditions of the instant agreement dated 03.06.2005 relating to supply of 50 m.m. size stone crushed stone ballast in terms of tender notice no. TC/26 of 2004 (Item No.01) ‘open’. 3. It is not in dispute that on the request of the petitioner an Arbitral Tribunal was appointed by the respondents on 02.08.2007, but thereafter no meeting could be held. It is also not - 2 - in dispute that the Arbitral Tribunal was changed by the authorities on 25.03.2009, whereafter one of the Arbitrators had resigned on 13.05.2009 and the respondents-authorities have failed to appoint the third Arbitrator. 4. In the aforesaid facts and circumstances, this petition is disposed of with a direction to the respondents to substitute the 3rd Arbitrator in the Arbitral Tribunal within one month positively. Thereafter the Arbitral Tribunal must held its meeting within 15 days thereafter and in that meeting the petitioner must file three copies of his statements of claims positively. The Arbitral Tribunal shall dispose of the matter within six months thereafter failing which the petitioner will be at liberty to approach this court. Sunil (S. N. Hussain, J.)