RAHUL BAJPAI Vs. JOHSON & JOHNSON LTD.

JUDGEMENT

(1.) Heard Shri O.P. Lohia, learned counsel for the petitioner.

(2.) Learned counsel for the petitioner has pressed his application for recall of the order dated 27.09.2018 wherein it has been submitted that the petitioner had made an application for recall of the order dated 21.02.2017 which was dismissed in default. It has been submitted that Shri Lohia, learned counsel is a practicing Advocate at Allahabad and he was engaged to contest the case at Lucknow, however, for the reasons beyond his control, he could not put his appearance at the time when the case was called out.

(3.) From the perusal of the record, it indicates that the petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 was filed in the year 2007. Initially, the aforesaid petition was dismissed for want or prosecution on 28.05.2012. An application for recall along with condonation of delay was moved by the petitioner which was also came to be dismissed for want of prosecution on 21.02.2017. Once again an application for recall was moved, which is the present application under consideration.