JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 09.02.2023 passed by the learned Trial Court in ARB Case titled as "M.C. Agarwal (HUF) Vs. Bharat Chugh & Anr." whereby the application under Order XVIII Rule 17 of CPC, 1908 filed by the petitioner before the learned Arbitral Tribunal seeking recall of CW1 for further cross-examination was dismissed.

2. Mr. Kumar, learned counsel appearing for the appellant submits that he has filed certain documents which were filed as part of record in criminal case filed under Section 138 of Negotiable Instruments Act, 1881 and got possession of those only after the cross-examination of CW1 was closed.

3. It was on that basis that the petitioner sought recall of CW1 for further cross-examination.

4. Learned counsel submits that the learned Arbitral Tribunal did not consider the submissions and caused prejudice.

5. Per contra, Mr. Agarwal, learned counsel appearing for the respondent relied upon the judgment "Bhaven Construction Vs. Executive Engineer Sardar Sarovar Narmada Nigam Limited and Another" passed by the Supreme Court reported in (2022) 1SCC 75 a