JUDGMENT Vinit Kumar Mathur, J. - although the present application has been filed under Section 11 of the arbitration and Conciliation act, 1996 (hereinafter referred to as 'the act of 1996') but the prayer has been made in the application for appointment of a substitute arbitrator for resolving the dispute between the parties. 2. On a pointed query being raised to learned counsel for the applicant, he submits that the application has wrongly been preferred under Section 11 of the act of 1996, whereas it should have been made under Section 15 of the act of 1996. Therefore, treating this application to be preferred under Section 15 of the act of 1996, this application is being decided finally. 3. The facts in the present case are that on an application being preferred by the petitioner, this Court vide order dated 12/08/2014 appointed one Shri D.K.S Rai, Chief Engineer, C.a.D., Irrigation, Kota to act as a sole arbitrator for resolving the dispute. Since the arbitrator did not proceed with the matter, an application was preferred by the applicant under Section 15 of the act of 1996 for appointment of a substitute arbitrator. 4. This Court vide order dated 12/04/2019 appointed Shri M.P. Gupta, Retired Superintending Engineer, Sri Ganganagar as a sole arbitrator to adjudicate upon the dispute between the parties. 5. Learned counsel for the applicant submits that Shri M.P. Gupta has also not responded for undertaking the arbitration proceedings and, therefore, the matter has not been decided by the Sole arbitrator so appointed. Learned counsel submits that despite having approached Shri M.P. Gupta, the matter is not being taken up as disinclination has been shown by Mr. M.P. Gupta. 6. In the circumstances, this Court had issued notices to the sole arbitrator Mr. M.P. Gupta on 14.08.2020. although the notices are served but nobody is present on his behalf nor he has responded to the notice issued by this Court. 7. In these circumstances, the application preferred by the applicant for appointment of a fresh arbitrator is allowed and Shri Ravindra Mohan Jasuja, Retired Executive Engineer, Irrigation, Resident of 124-L Block, Sri Ganganagar is appointed as a sole arbitrator to adjudicate upon the dispute between the parties as agitated in the notice dated 20.03.2010 read with notice dated 15.03.2010 as per the Rajasthan Manual of Procedure for alternative Dispute Resolution, 2009 as amended up to date. The above appointment is subject to the necessary disclosure being made under Section 12 of the act of 1996.