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I have heard learned senior counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned sole Arbitrator.

Facts relevant for the decision of present revision petition are that a petition was filed by respondent no.1-Punjab State Industrial Development Corporation Limited under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short `the Act') for appointment of third Arbitrator, as per the agreement between the parties. However, in those proceedings before the then Hon'ble Chief Justice, an objection was raised on behalf of the present petitioner that the agreement was with the Company and the Company has not been made a party to the present proceedings and that the Company being in winding up proceedings cannot continue without leave of the Company Court and hence, present petition is not maintainable. However, the said plea was not accepted by Hon'ble the Chief Justice on the plea that the agreement was entered into between the petitioner and Sardar Jasbir Singh Dhillon, i.e., present petitioner as Collaborator, and not with the Company. While deciding the matter vide order dated 27.1.2010, it was observed as under by the Chief Justice:-

(a) that at the initial stage, Dr.Dhillon was appointed as an Arbitrator under the Arbitration clause even by the Collaborator, Sardar Jasbir Singh Dhillon himself when the provisions for winding up were already initiated.
(b) that as has already been held the agreement is not with the company but with the named collaborator, respondent no. 1, herein.

Therefore, this court has the jurisdiction to appoint the third Arbitrator as per Section 11 of the Act. At this stage Mr.R.L.Batta, submitted that original Arbitrator appointed by Sardar Jasbir Singh Dhillon has failed to act that is why the Arbitration proceedings could not go on. He further submitted that in this view of the matter and subject to any challenge to this order the respondent is prepared to appoint his Arbitrator within four weeks from today.

As a consequence of the above discussion, this petition is allowed with a direction to the respondent to appoint his Arbitrator within four weeks from today. Both the Arbitrators then shall appoint the third Arbitrator within four weeks. In case the Arbitrators so appointed failed to appoint the third Arbitrator, the aggrieved party may approach this Court for appointment of third Arbitrator. Taking into account the passage of time consumed by these proceedings, this Court may in that eventuality appoint a sole Arbitrator to adjudicate upon the disputes between the parties. In the meanwhile, the parties will exchange the statement of claims and response thereof. The statement of claim be supplied to counsel for the respondents within four weeks and response to the statement of claim shall be supplied to the counsel for the petitioner within four weeks thereafter. The parties shall appear before the Arbitral Tribunal on 21.05.2010 or on an agreed date convenient to the parties but not later than 15 days from the aforesaid date fixed by this Court, after exchange of pleadings as directed aforesaid. The Arbitral Tribunal shall render the award not later than six months from the date of first appearance of the parties before it.

`As a consequence of the above discussion, this petition is allowed with a direction to the respondent to appoint his Arbitrator within four weeks from today. Both the Arbitrators then shall appoint the third Arbitrator within four weeks. In case the Arbitrators so appointed failed to appoint the third Arbitrator, the aggrieved party may approach this Court for appointment of third Arbitrator. Taking into account the passage of time consumed by these proceedings, this Court may in that eventuality appoint a sole Arbitrator to adjudicate upon the disputes between the parties' By way of this application, petitioner has sought intervention of this Court either to appoint Sole Arbitrator as per observations recorded by this Court in its order dated 22.2.2010 or to nominate the Presiding Arbitrator.