IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Application No. 20 of 2010 M/s South Eastern Roadways ……… Applicant. Versus BHEL, Haridwar .……. Respondent. Mr. Narendra Bali, Advocate for the applicant. Mr. V.K. Kohli, Senior Advocate with Mr. T.C. Pande, Advocate for the respondent. Date of Judgment: 24.12.2010 BARIN GHOSH, C.J. (ORAL) The application seeks to change an Arbitrator appointed in terms of the agreed procedure. The ground is that the underwriter has not been made a party to the arbitration proceedings. The underwriter, who is not a party to the arbitration agreement, cannot be made a party to the arbitration agreement. The other ground seems to be that the Arbitrator is an employee of the opposite party in the arbitration proceeding. Before the Arbitrator everything has been completed, including filing of written argument notes. The agreed procedure provided appointment of an employee of the opposite party as the Arbitrator. 2. There is, therefore, no ground for change of the Arbitrator. The application has been filed mala fide. The same is dismissed. (Barin Ghosh, C.J.) 24.12.2010 Amit