RAMCHANDRA KESU LAL KUMAWAT Vs. VIPIN KUMAWAT

JUDGEMENT

(1.) The instant application under Sec. 151 of the Code of Civil Procedure read with Arbitration and Conciliation Act, 1996 has been preferred by the applicant (respondent in Arbitration Application No.31/2017), for recalling the order dtd. 3/11/2023 passed by this Court, whereby the application under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act of 1996') preferred by the non-applicant/petitioner was allowed and an arbitrator was appointed.

(2.) Mr.Manish Shishodiya, learned Senior Counsel assisted by Mr.Jaideep Singh Saluja appearing on behalf of the applicant-respondent-Vipin Kumawat, submitted that the order dtd. 3/11/2023 was passed by this Court, in absence of the learned counsel appearing on behalf of applicant-respondent. It was further submitted that the respondent had already filed a detailed reply to the main arbitration application, raising various legal objections therein.

(3.) On the other hand, learned counsel appearing on behalf of the non-applicant/petitioner, while opposing the aforesaid submissions made on behalf of the applicant-respondent, submitted that the suit had been instituted after filing of the application under Sec. 11 of the Act of 1996 and all the parties in the suit are not the parties to the arbitration agreement. It was further submitted that when the matter was called for hearing before this Court on 3/11/2023, the learned counsel for the applicant-respondent did not put in his appearance, and therefore, at this stage, no case for recalling of the order dtd. 3/11/2023 is made out.