Delay Condonation Application No. 9678 of 2010 Review Application No. 956 of 2010 In ARBAP No. 2 of 2010 Hon’ble Barin Ghosh, Chief Justice Mr. Arbind Vashisth, Advocate for the applicant. Mr. Anil Bisht, Advocate for the respondents. Considering the averments made in the application for condonation delay in preferring the review application and being satisfied with the reasons furnished therein, I allow the application for condonation of delay in filing the review application. The arbitration agreement provided that the C.M.D. of Hindustan Prefab Ltd. will appoint Arbitrator. Despite a request made to C.M.D., Hindustan Prefab Ltd. to appoint an Arbitrator, no Arbitrator was appointed. That compelled the applicant to file an application before this Court under Section 11 of the Act. On the date when the application was listed, none appeared on behalf of the applicant. Noticing that the agreement of the parties authorizes C.M.D., Hindustan Prefab Ltd. to appoint Arbitrator, this Court, on 3rd September, 2010, directed C.M.D., Hindustan Prefab Ltd. to appoint Arbitrator. On receipt of a copy of the order dated 3rd September, 2010, C.M.D., Hindustan Prefab Ltd. has appointed an Arbitrator. However, Arbitrator so appointed is an employee of Hindustan Prefab Ltd. In accordance with the Act, an employee of one of the parties to the arbitration cannot be appointed as Arbitrator, for he will have a direct connection with the party to the arbitration. In the circumstances, appointment of the sole Arbitrator by C.M.D., Hindustan Prefab Ltd., in terms of the order dated 3rd September, 2010, is set aside, and instead, Mr. Justice Laxmi Bihari, retired High Court Judge, residing at Dehradun, is appointed as Arbitrator. The applications made by the applicant, bringing the aforementioned facts on record, are thus disposed of. (Barin Ghosh, C.J.) 24.06.2011 Amit