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2021 Supreme(Telangana) 386

A. RAJASEKHAR REDDY
Andhra Pradesh Education and Welfare Infrastructure Development Corporation – Appellant
Versus
Mape Connoisseurs – Respondent


Advocates Appeared:
For the Appellant : G.V.S. Kishore Kumar.
For the Respondents: Gayathri.

ORDER :

A. Rajasekhar Reddy, J.

1. This interlocutory application has been filed under Section 151 CPC to recall the order dated 11.08.2020 passed in Arbitration Application No. 41 of 2020 on the grounds of question of law as also for the reason that the petitioner could not appear to assist the Court.

2. Briefly stated facts are; the petitioner herein is a Government enterprise and respondent in the arbitration application, which was filed by the applicant-respondent herein under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the 1996 Act") seeking for appointment of an Arbitrator. The arbitration application was allowed having found that there exists a dispute between the parties; and there was proper invocation of the arbitration clause in the agreement dated 23.6.2012 entered into by the parties and the same not been controverted by the petitioner by filing a counter-affidavit therein.

3. Sri G.V.S. Kishore Kumar, learned Counsel for the petitioner, contends that the order is sought to be recalled solely on the basis of question of law. Learned Counsel has referred to Sections 3, 4, 30, 31, 32, 33, 40 and 60 of the A.P. Reorganization Act, 2014, (for short, "

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