ASHIM KUMAR BANERJEE, J. :-

Being satisfied with the grounds mentioned in the application delay is condoned.

2. The review applicant entered into an agreement with the respondent railways for performing the job as mentioned in the work order. Such agreement provided that the General Conditions of Contract and Specification Standards 1999 would apply. The General Conditions contained an arbitration clause. Clause 63.3(a)(iii) stipulated as follows :-

"63.3(a)(iii). It is a terms of this contract that no person other than a gazetted railway officer should act an Arbitrator/Umpire and if for any reason, that is not possible, the matter is not to be referred to the arbitration at all."

3. As per the arbitration clause since the work value was more than rupees three lacs two Arbitrators were to be appointed, one to be nominated by the Contractor and other to be nominated by the Railways and the third Arbitrator being an umpire would be appointed by the two Arbitrators. It was also provided that all the three Arbitrators must be Railway Gazetted Officers. In terms of Clause 3(b) the Railway was to send a panel to the Contractor containing more than three names and the Contractor wa