- (1.) This application is by the petitioner /award-debtor for recalling of an order passed by this Court on 10th January, 2020 by which the petitioner /award-debtor was disallowed from taking recourse to the provisions of The Insolvency and Bankruptcy Code, 2016 (IBC) for delaying the hearing of the Section 34 application.
(2.) Mr. Rupak Ghosh, learned counsel appearing for the petitioner /award- debtor places paragraph 10 of the order and submits that some of the observations made therein may be prejudicial to the petitioner's interest at a subsequent stage including at the time enforcement of the Award. Counsel submits that paragraph 10 of the order contains a finding that the impugned award is binding on the petitioner. Counsel prays that the order be recalled with a clarification that the petitioner shall proceed with the hearing of the Section 34 application without prejudice to its rights and contentions.
(3.) Mr. Sudip Deb, learned counsel appearing for the respondent /award- holder opposes the contentions of the petitioner and submits that no case has been made out by the petitioner warranting recalling of the order impugned.;