ORDER :

I.A. No. 776/2023 (Delay)

1. This is an application under Section 5 of Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) for condonation of delay in filing the recall application.

2. For the reason stated in the application, the delay of 76 days in filing the recall application is condoned.

3. The application is disposed of.

I.A. No. 775/2023 (Recalling of order dated 26th September, 2022)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioner seeking the following relief:

“(a) Recall order dated 26.09.2022 passed by the Hon'ble Court and the present petition be decided on merits again.....”

2. Learned counsel for the petitioner submitted that on 26.09.2022, the present case was listed and when the case was called out, the present counsel was arguing before another Bench and was thus, unable to appear before the Court and hence, this Court dismissed the petition vide its order dated 26.09.2022.

3. It is further submitted that vide order dated 09.01.2020 the arbitral record was summoned and this Order was communicated to the learned Arbitrator. However, the learned