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The Court : Learned Counsel appearing for the Union of India has submitted that the Union of India has prepared a list of three persons with a request for waiver under Section 12(5) of the Arbitration & Conciliation Act, 1996 and such list shall be forwarded to the petitioner within two weeks from date.
Learned Counsel appearing for the petitioner has submitted that he has no objection in the event any such list is forwarded to the petitioner with the aforesaid request. The petitioner in such an event shall select one of the persons out of the said list to be nominated as an arbitrator.
Under such circumstances, this application being AP No. 863 of 2019 stands disposed of by directing the Union of India to forward a panel consisting of three names to the petitioner within two weeks from date and the petitioner shall communicate its decision to the Union of India within two weeks thereafter.
In the event, the Union of India fails to send a list of three persons out of which one person is to be appointed as an arbitrator, the Union of India shall forfeit its right to appoint any person and the petitioner will be entitled to file an application for appointment of an arbitrator in accordance with law.
The application being AP No. 863 of 2019 stands disposed of.