IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 227 OF 2004 Shiv Kumar Gupta .. Applicant. V/s. 1. Hitesh H. Pandya and another .. Respondents. --- None for the Applicant. Mr. R.S. Jaisinghani i/by Ms. Jacinta D’ Silva for the Respondents. --- CORAM : SWATANTER KUMAR, C.J. DATED : 28TH AUGUST, 2009 P.C. : Vide order dated 31st March, 2006 the Court had appointed a Commissioner to record evidence on the limited point of existence of agreement i.e. the joint venture agreement. The matter came up before the Court and before the Commissioner also on number of occasions. In the year 2006 itself the Commissioner has submitted his report. Nothing could be done because none appeared before the Commissioner. Even before this Court today, nobody is present on behalf of the Applicant. Dismissed for default. CHIEF JUSTICE