Usha Mehra ( 1 ) PETITIONER, Shri A. K. Wadhwa, entered into a partnershipwith respondent Smt. Adarsh Wadhwa to carry on the business of sale, purchase anddistribution of drugs, etc. under the name and style of M/s. Adarsh Distributorsw. e. f. 8/04/1985. The said partnership came to an end on 31/03/1988 anddissolution Deed was executed on the same date between the parties. It was theterms of the Dissolution Deed dated 31st March, 1988 that in case of any disputebetween the parties the matter was to be adjudicated upon by Sh. S. K. Wadhwa, Solearbitrator. It was also term of the Dissolution Deed that accounts of the partnershipfirm were to be settled subject to confirmation of the accounts balances by thedebtors and creditors of the partnership firm. Physical verification of the stock, allthe claims from the suppliers like damages, commissions, debit/credit notes,disputed claims, etc. settled and confirmed and the Arbitrator was to find outdamages suffered by the firm due to negligence in the accounts of the Company ( 2 ) THAT it is the grievance of the petitioner that inspite of legal notice served onthe respondent she has not settled the accounts instead she has taken a categoricalstand that nothing is due to the petitioner and it is the petitioner who is infact to paysum of Rs-44,216. 39 paise plus scooter and telephone. She is also not joining to referthe disputed matter to the Sole Arbitrator mentioned in the agreement. Hence thepetition. ( 3 ) THE respondent in her reply took the stand that it is the petitioner who wasliable to make the payment to the respondent to the tune of Rs. 44,216. 39 paise andhe was liable to return the scooter and telephone. She denied that there was anydispute regarding rendition of accounts or that any amount is to be paid by therespondent to the petitioner. ( 4 ) THIS Court vide order dated 21/02/1991 appointed Sh. S. K. Wadhwa,the named Arbitrator, as the Sole Arbitrator to adjudicate upon the disputesbetween the parties with direction to make and publish his Award within thestatutory period and the suit was disposed of. ( 5 ) BY way of present application it is contended by the petitioner that the solearbitrator Sh. S. K. Wadhwa,the named Arbitrator, as the Sole Arbitrator to adjudicate upon the disputesbetween the parties with direction to make and publish his Award within thestatutory period and the suit was disposed of. ( 5 ) BY way of present application it is contended by the petitioner that the solearbitrator Sh. S. K. Wadhwa vide his letter dated 27/05/1991 has expressed hisinability to act as the Arbitrator due to exigency of his services, hence another personmay be appointed as the Arbitrator, because the Arbitrator appointed by this Courthas vacated the office and the vacancy be filled up. Notice of this application wasissued to the respondent. Respondent was represented by Sh. Rajender Kumar,advocate, who appeared in Court on 5/05/1993 and took time to file reply. Butthereafter since 3/10/1994, no one appeared on behalf of the respondent,through case was adjourned from time to time. Hence respondent was proceededex-parte ( 6 ) I have heard the learned Counsel for the petitioner and perused the record. The Dissolution Deed stipulates the Arbitration Clause. The law is settled that oncethe Arbitration Clause is not superseded and if the Arbitrator vacates the office thenthe vacancy caused by the inability of the Arbitrator to act or on his vacating theoffice the same can be filled either as per the term of the agreement or by the orderof the Court. Since in this case the agreement does not stipulate, how the vacancyis to be filled up, therefore, by this application the petitioner wants this Court inexercise of its discretion to fill up the vacancy. The disputes still subsists and areliable to be referred to an Arbitrator. ( 7 ) SINCE the named Arbitrator has shown his inability, therefore, I appoint M0c. M. Chopra, Advocate, 22, Lawyers Chamber, Delhi High Court, New Delhi, as thesole Arbitrator in place of Mr. S. K. Wadhwa. She will adjudicate upon the disputesbetween the parties. She will make and publish her Award within four months fromthe date she enters upon the reference. The fee of the Arbitrator is fixed at Rs. 10,000. 00with these observations, the application stands disposed of.