The application was decided by the arbitrator by a detailed order with following observations I have given my opinion that there has been numbermisconduct on any of the grounds before me by the learned claimant, yet I am of the opinion justice delayed is justice denied and since in this case there has been delay and the process in which the learned Advocates of both the parties are leading and pleading the case, delay is inevitable, if the claimant suffers from loss of companyfidence and apprehends miscarriage of justice from the arbitrator whose award is vital to him I shall number intend to interfere in his way of pursuit for justice.
As regards claimants humble prayer to me that I would be pleased to resign from the office, I am restraining myself in issuing any order as it companycerns interest of both the parties and I leave it to both the parties to decide.
Tile respondent, instead of filing application for extension of time, approached the Court of Assistant District Judge under Section 12 2 of the Act for revoking authority of the sole arbitrator and filling the vacancy by appointing another arbitrator.
It is against this order that this appeal has been filed.
I, therefore, direct that further extension of time on companysent of both the parties will number be allowed by me and the extended date of arbitration is being allowed to expire.
With this order the respondent approached the Chief Engineer and sought for appointment of a retired Additional Chief Engineer named in the application as the sole arbitrator.
The Judgment of the Court was delivered by M. SAHAI, J. The two questions of law that arise for companysideration in this appeal are if the refusal of an arbitrator to resign while number accepting the joint request of the parties to extend time for arbitration and leave it to them to decide their future companyrse of action amounts to refusal to act by the arbitrator within the meaning of Section 8 1 b of the Arbitration Act in brief the Act and if it be so whether the power to appoint next arbitrator vests in the companyrt or it has once again to be in accordance with the procedure provided in the agreement.
When despite 59 sittings the proceedings did number companye to an end and the arbitrator entertained certain applications of the appellant at a belated stage the respondent sought his resignation for legal misconduct.
