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(5) Whilst that application was still pending, the petitioner moveda petition under sections 5 and 12(2)(B) of the Arbitration Act. Thatis the petition now before me. The respondents are the Union ofIndia and Mr. P. H. Ramchandani, the Arbitrator. In this petitionit is alleged that the Arbitrator has misconducted himself and the proceedings in that he has failed to deliver an award as he was boundto do, and has instead dismissed the claim or the petitioner for nonprosecution which he had no power to do. Leave to revoke the authority of the arbitrator is prayed for, and also an order that the arbitration agreement shall cease to have effect with respect to the differences referred. Apart from joining issue on the merits, the Union hasonce again raised the point that this court has no territorial jurisdiction to try the petition. Accordingly, the following issues were framed : 1. Whether the Delhi Court has jurisdiction to try the application?2. Whether the arbitrator was empowered to dismiss the claim ofthe petitioner for non-prosecution ?3. Whether the arbitrator was bound to make the award in thecase ?4. Whether the arbitrator has misconducted himself and the proceedings ?5. Whether the petitioner has a cause of action ?6. Whether the authority of the arbitrator is liable to be revokedon the facts and circumstances of the case ?7. Relief.

(19) The petitioner has also prayed for the further relief that anorder bs made that the arbitration agreement shall case to have effectwith respect to the differences referred. Section 12(2)(b) of the arbitration Act authorises the Court, in its discretion, to make such an order when the authority of an arbitrator is revoked byleave of the court.Alternatively, under section 12(2)(a) the court may appoint a personto act as sole arbitrator in place of the person displaced. At one timeduring the hearing, counsel for the petitioner was willing that anotherarbitrator be appointed by the court. However, in clause 21 of D. G.S. & D. Form-68 (wnich is the arbitration agreement) it is stipulated : "THATno person other than the Director General of Supplies& Disposals or the person appointed by him should act as arbitrator and that, if for any reason, that is not possible, the matter isnot to be referred to arbtration at all."