APARESH KUMAR SINGH , J. - (1.) Heard learned counsel for the applicant and respondent. On an application made by the present claimant/applicant himself in Arbitration Application No. 4 of 2015 with specific grounds of unnecessary delay being made in conclusion of the arbitration proceeding by erstwhile Arbitrator, after hearing the respondent, the following order was passed by learned Single Judge (Hon'ble Mr. Justice D. N. Patel) under the provisions of Arbitration and Conciliation Act, 1996. "1) This Arbitration Application has been preferred mainly for the reason that the Arbitrator already appointed has caused too much delay in deciding the dispute between the parties. Arbitration proceedings were assigned to the Arbitrator on 24th December, 2011 as submitted by the counsel for the applicant, but, the arbitration proceedings have not been concluded by the arbitrator, who is an employee of the respondent.
(2.) This type of employee should be avoided to be appointed as Arbitrator, especially, looking to sub­ section (5) of Section 12 to be read with 7th Schedule of the Arbitration and Conciliation Act, 1996. Therefore, a notice was also given by this applicant dated 21st January, 2015.
(3.) Learned counsels for both sides have agreed to appoint Mr. Gunendra Mohan Mishra, residing at 304­B, Bansal Palaza, Station Road, Ranchi, who is a Practising Advocate of this Court, as an Arbitrator to resolve the disputes between the parties.;