- (1.) Heard Sri R.P. Mishra, learned Counsel for the petitioner and Sri A.K. Gaur, learned Counsel who appears for the respondents. The then Acting Chief Justice vide order dated 28.9.2012 had referred the dispute between the parties to an arbitral Tribunal. The respondents have applied for recall of the aforesaid order on the ground that the reference was without hearing the Counsel for the respondents.
(2.) On the recall application the Court vide order dated 11.1.2013 invited a counter-affidavit and in the meantime the sole Arbitrator was requested not to proceed with the matter. Thereafter, by an order dated 13.2.2014 the earlier Counsel appearing for the respondents was requested to clarify the position about his presence on 28.9.2012. The order dated 5.3.214 records the satisfaction of the Court that the order appointing the Arbitrator was passed in the absence of the Counsel for the respondents on account of some communication gap.
(3.) In view of the aforesaid facts and circumstances the order dated 28.9.2012 is recalled and the recall application Nos. 355223 of 2012 and the delay condonation application Nos. 355217 of 2012 accompanying the same are allowed.;