Judgment V. N. KHARE, J. ( 1 ) INITIALLY the petitioner moved an application under Section 11 (5) of the arbitration and Conciliation Act, 1996 for appointment of an arbitrator. The respondent was proceeded against ex parte. Consequently, I appointed Justice r. K. Gulati as the sole arbitrator. From the letter of the arbitrator, it appears that when the arbitrator wanted to fix the venue, learned counsel for the petitioner informed him that the petitioner was no longer interested in pursuing the arbitration proceedings. The petitioner now prays that the order passed by me appointing the arbitrator be recalled and his petition be dismissed as he is no longer interested in pursuing the arbitration proceedings. ( 2 ) I have heard the counsel. I am of the view that the way in which the petitioner has proceeded in the matter is highly objectionable. However, seeing the facts and circumstances and on the ground of his ill-health, the order dated 7-8-2001 allowing the petition is hereby recalled. The petition is, therefore, dismissed with costs which are assessed to the extent of the balance amount deposited with the Registry towards cost of litigation. The appointment of Justice R. K. Gulati, as the sole arbitrator, is also hereby recalled. The petitioner states that he has already deposited a sum of rs 15,000 with the Registry towards the cost of the litigation. Registry to verify and in case such an amount has been deposited, the balance of the amount, after deducting the amount incurred towards the process of the case, shall be remitted to the Supreme Court Legal Services Committee. ( 3 ) APPLICATION for seeking discharge from the case by the advocate for the petitioner, is allowed.