IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Case No. 6 of 2006 Arpit Gandhi ……… Applicant. Versus Pankaj Sharma .……. Respondent. Mr. Siddhartha Sah, Advocate for the applicant. Mr. B.P. Nautiyal, Advocate for the respondent. Date of Judgment: 24.12.2010 BARIN GHOSH, C.J. (ORAL) At the instance of Sri Arpit Gandhi, this Court appointed Mr. P.C. Agarwal, retired District Judge, as Arbitrator by an order dated 10th September 2007. Before the Arbitrator, arbitration proceedings proceeded, but evidence was not recorded. Sri Arpit Gandhi, thereafter applied to this Court for replacing the said Arbitrator. The application made therefor was dismissed. Soon thereafter, he went before the Arbitrator and filed an application on 16th January 2010 with the sole object of preventing the Arbitrator to act further. It was stated in the application that Arpit Gandhi is apprehensive of injustice at the hands of the Arbitrator. He, however, did not indicate any reason there for. The sole object of the said application was to prevent the Arbitrator to proceed further. In course of that, as it appears from the application he filed before the Arbitrator, Arpit Gandhi abused for no just reason, a respectable retired member of the judiciary, who has been appointed as the Arbitrator by this Court at the instance of Arpit Gandhi. The said fact, having been brought to the notice of this Court by the Arbitrator, notice had to be issued to Sri Arpit Gandhi and to the opposite party. 2. Arpit Gandhi has filed an affidavit and thereby has sought unconditional apology for filing the said application. In such view of the matter, in stead of initiating appropriate proceeding under the criminal laws against him to protect the dignity of the judiciary of the State, I am closing the arbitration proceedings, since before the Arbitrator only the claim of Arpit Gandhi was pending adjudication and there was no 2 counterclaim by the opposite party. Arpit Gandhi has wasted the time of this Court as well as the time of the Arbitrator. He had and has no intention of having the purported dispute sorted through arbitration. The Arbitrator is no longer required to function. Arpit Gandhi is directed to pay the outstanding fees of Arbitrator within a month from today, failing which he shall be dealt in contempt of Court. (Barin Ghosh, C.J.) 24.12.2010 Amit