C. Hari Shankar, J. - (1.)This is an application under Order IX Rule 9 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC"), seeking setting aside of the order, dated 10th April, 2019, passed by this Court, in O.M.P. (COMM) 57/2017.
(2.)The Prayer clause in this application reads thus: "In the aforementioned facts and circumstances, it most respectfully prayed that this Hon'ble Court be pleased to: a) Set aside order dated 10.04.2019 for which the petition was dismissed for non prosecution and restore the present petition to its original number; b) Or pass any other order."
(3.)The order, dated 10th April, 2019, of this Court, which is impugned in this application, reads as under:
"1. None is present for the Petitioner despite three pass overs. An attempt was made by ld. counsel for the Respondent to contact the ld. counsel for the Petitioner, however, he has not been able to contact the counsel. Even the costs, as per the last order, have not been paid.

2. The Court has perused the award dated 18th August, 2012. The Petitioner was a licensee of the Respondent, who had agreed to set up franchisee of Career Launcher in Lucknow. The license agreement was originally entered into on 14th November, 2002, which was extended from time to time and lastly till 31st December, 2012, from one centre to three centres. However, due to various disputes which arose, the agreement stood rescinded vide letter dated 27th February, 2010. A section 9 petition was filed before this Court, in which an interim order was passed and thereafter, the matter was referred to the Ld. Sole Arbitrator. After perusing the various claims, Ld. Arbitrator has arrived at the following findings.

1) The Petitioner is guilty of breach of license conditions as contained in agreement dated 31st December, 2008.

2) The Petitioner was liable to pay license fee as per the agreement. The amount has been quantified on the basis of the turnover of the Petitioner.

3) The turnover for the various years was taken into consideration and on the basis of earning of the year 2009-10 for a period of 33 months, compensation has been awarded to the Respondent.

3. On the whole, the Ld. Arbitrator has awarded a sum of Rs.l,37,80,987 /-.

4. In the present petition under Section 34 of the Arbitration and Conciliation Act, 1996, notice was issued on 1 st March, 2013. The petition was accompanied with an application for condonation of delay. Vide judgment dated 31st October, 2014, delay was condoned. Appeal against the said order was also dismissed on 9th January, 2015. On 9th March, 2015, the petition was dismissed for non-prosecution. Thereafter, an application for restoration was allowed subject to payment of Rs.3,000/- as costs vide order dated 7th October, 2016. From 18th May, 2017, the matter is being adjourned either at the request of the Petitioner or at joint request of the parties. Respondent has deposited the costs as per the last order. None has appeared for the Petitioner despite three pass overs. The objection petition having not been pressed and there being no appearance on behalf of Petitioner, the same is liable to be dismissed. The Court has also perused the award and does not find any infirmity in the same,

5. Petition is dismissed, accordingly." (Emphasis supplied)