3. Ms. Furtado, learned Counsel appears for the Applicant. This Court by its order dated 28th August 2019 directed issuance of notice to Respondent returnable on 11th September 2019 and had permitted the Applicant to serve the Respondent by private notice as well. Even on the following date, the Respondent failed to appear and pursuance to the order dated 18th September 2019, the Applicant attempted to serve the Respondent by publishing the notice in the newspapers namely ‘Free Press Journal’ and ‘Navshakti’ dated 29th January 2020. However, the Respondent has failed to appear either in person or through a representative. Ms. Furtado, learned Counsel states that in terms of Clause 15 of the agreement, the dispute was earlier referred to Mr. V. K. Deshpande, retired District Judge, as nominated by the Managing Director of the Applicant Company. Said Mr. Deshpande had entered reference in the proceedings. The Applicant had filed its claim and the Respondent had also filed a statement of defence and counter claim. The Respondent, thereafter, raises an objection regarding appointment of the learned Sole Arbitrator. The learned Arbitrator, thereafter, by his letter dated 29th January 2019 communicated his inability to continue as Arbitrator and has withdrawn from the arbitration proceedings.
