Arb.P. 15/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR. R.S. GARG Heard Mr. N. Alam, learned counsel for the petitioner an d Mrs. U. Chakraborty, learned counsel for the respondents. On one side the petitioner submits that the respondents are not ready and willing to appoint the Arbitrators, while on the other hand, t he respondents are submitting that on earlier occasion the petitioner was not se lecting 2 (two) Arbitrators out of a panel of 4 (four) Arbitrators. It is submi tted by the respondents that if the petitioner selects the names of Arbitrators, then within 1 (one) month the Arbitrators can be appointed. After hearing the learned counsel for the parties, the p etition is disposed of with the direction that within 15 (fifteen) days from tod ay, the respondents Railway Administration shall issue a notice to the petitione r giving 4 (four) names of the proposed Arbitrators, out of the four names, the petitioner would select two names and at the earliest he shall inform the respon dent Department. After receiving the options, the respondents shall appoint one Arbitrator out of the said selected Arbitrators and shall also appoint one Arbi trator from their own side and shall issue appropriate information to the petiti oner. After the Arbitrators are appointed, the Arbitrators would be required to appoint the third Arbitrator in accordance with the provisions of the Agreement . The respondents are hereby directed to complete the entire process within 3 ( three) months from today. If the respondents fails in taking appropriate action and there are no lapses on the part of the petitioner then the right of the resp ondents to appoint an Arbitrator shall stand lost and the petitioner would be en titled to approach this Court for appointment of an Arbitrator in accordance wit h Section 11 of the Arbitration and Conciliation Act, 1996. The petition is disposed of.