JUDGMENT :

Prateek Jalan, J.

I.A.12009/2019 (under Order XXXVII Rule 4 of the CPC for recalling the orders dated 16.04.2019 and 07.08.2019) in CS(COMM) 205/2016

1. This is an application filed by the defendant in the present suit under Order XXXVII Rule 4 of the Code of Civil Procedure, 1908 ["CPC"]. The following reliefs are sought by way of this application:-

"A. That in view of the above facts and circumstances at this stage it is only humbly prayed that Rs.20,00,000/- paid may be taken as payment made by the time as may deem to have been extended by the Hon'ble Court and allow suit to proceed in special facts and circumstances;

B. The leave to defend ought to have been given unconditionally as is obvious from relevant paras 6 and 12 of the agreement of 22/05/2011, and other infirmities, on the basis of which this suit was filed as also arbitration issue was raised but under O7, R11 CPC, instead of u/Section 8 of the Arbitration Act, and other infirmities and as such recall orders dated 16/04/2019 and 07/08/2019."

Facts

2. The suit was filed by the plaintiff on 13.01.2015 under Order XXXVII of the CPC for a money decree against the defendant in the sum of Rs. 1,10,00,000/- alongwith i