1. The issue in controversy in the present petition pertains to dismissal of the application of the petitioner filed under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 seeking condonation of delay in filing the restoration application under Order IX Rule 9 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”).

2. The factual matrix of the case shows that on 29.10.2010 the learned Sole Arbitrator passed an award thereby awarding an amount of Rs. 55,54,296.80/- in favour of the respondent herein. Being aggrieved by the said award, the petitioner had filed the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “the Act”)

before this Court which came to be registered as O.M.P No. 338/2011 titled as “Union of India v. Jay Shree Metals &Engg. Co.”

3. Due to enhancement in pecuniary jurisdiction of this Court, vide order dated 21.12.2016 the matter got transferred to the court of District Judge, Patiala House Courts, New Delhi and was re-numbered as ARBT No. 711/2017. Subsequently, on account of non-appearance of petitioner, vide order dated 02.07.2018, the learne