Mohammad Rafiq, J. - (1.) This application under Section 12 read with Section 14 of the Arbitration and Conciliation Act, 1956, has been filed by Mr. Shyam Das Juneja, inter-alia, with the prayer that some other arbitrator may be appointed in place of Hon'ble Mr. Justice R.C. Gandhi (retired). This court, vide order dated 30.01.2015, with the consent of the parties, appointed Hon'ble Mr. Justice R.C. Gandhi (retired) as Arbitrator to resolve the disputes between the parties. The aforesaid order was passed on the application filed by applicant seeking appointment of Arbitrator under Section 11 of the Arbitration & Conciliation Act, 1996.
(2.) Mr. Nishant Vyas, learned counsel for applicant, argued that the applicant and his counsel could not bring important fact to the notice of the court on 30.01.2015 when aforesaid order was passed and this fact was discovered when the counsel for the applicant was going to prepare rejoinder to reply submitted by opposite party before learned Arbitrator, and that Hon'ble Mr. Justice R.C. Gandhi (retired) dealt with aforesaid application filed under Section 11 of the Act of 1996, while his Lordship was sitting Judge of this court.
(3.) The order dated 10.04.2009 was passed by Hon'ble Mr. Justice R.C. Gandhi (retired) dismissing the application filed by the applicant in default. Although, it is true that subsequently the application was restored. It is also contended that applicant is a lower middle class person and he has no earning of his own and he is dependent on his son and that the income of his son and income from one ship is only about Rs. 35,000/- per month. Hon'ble Mr. Justice R.C. Gandhi (retired) has demanded a sum of Rs. 60,000/- per hearing, and the applicant is unable to pay such an exorbitant fee. Learned counsel submitted that he does not question competence and integrity of Hon'ble Mr. Justice R.C. Gandhi (retired) but is raising this argument only on the ground of judicial proprietary, which demands that once he has dealt with the matter on judicial side, while being a Judge of this Court, he ought not to proceed as an Arbitrator.;