HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 2 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashwani Kumar, the learned counsel for the appellant, Sri Mohd. Yasir Abbasi, the learned counsel for the opposite party no.3/NHAI and perused the records. 2. By means of the instant appeal filed under Section 37 of Arbitration and Conciliation Act, 1996 the appellant has challenged the validity of an order dated 30.09.2024, passed by the District Judge, Lucknow in Misc. Case No.338 of 2022, whereby an application for recall of an order dated 27.02.2020, whereby the appellant's application under Section 34 of Arbitration and Conciliation Act was dismissed for want of prosecution along with an application for condonation of delay in filing application for recall of order dated 27.02.2020, have been rejected. 3. The learned District Judge has held that the petitioner has pleaded that her counsel did not intimate her about the date and therefore she could not attend the date fixed and the petition was dismissed for want of prosecution. The same explanation was given for the delay in filing the application. 4. The District Judge was also of the view that the petitioner failed to make out a case for delay of more than one and half years. Versus Counsel for Appellant(s) : Ashwani Kumar, Abhishek Yadav Counsel for Respondent(s) : Mohd. Yasir Abbasi Smt. Anita Yadav .....Appellant(s) District Judge/ Commercial Judge, Commercial Court, Lucknow And 2 Others .....Respondent(s) 5. The learned counsel for the appellant has submitted that the petition was dismissed for want of prosecution on 27.02.2020, the period from 15.03.2020 till 28.02.2022 has to stand excluded for the purposes of limitation as per an order dated 10.01.2022, passed by Hon'ble Supreme Court in Re: Cognizance for Extension of Limitation (SC): 2022 SCC OnLine SC 27. 6. The appellant has filed an application for recall of the order dated 27.02.2020 on 06.09.2021 i.e. before the expiry of extended period of limitation till 28.02.2022 as fixed by the Hon'ble Supreme Court. The District Judge has passed the impugned order without taking into consideration the aforesaid order passed by Hon'ble Supreme Court. 7. In these circumstances, the impugned order dated 30.09.2024, passed by the learned District Judge, Lucknow in Misc. Case No.338 of 2022 is not sustainable in law. 8. Accordingly, the appeal is allowed. The impugned order dated 30.09.2024, passed by the learned District Judge, Lucknow in Misc. Case No.338 of 2022 is hereby set aside. The application for condonation of delay in filing recall application as well as the application for recall of the order dated 27.02.2020 are allowed and Misc. Case No.NIL of 2020: Smt. Anita Yadav Vs. District Magistrate and others which was dismissed for want of prosecution by means of an order dated 27.02.2020 is restored to its original number. The District Judge shall decide the application in accordance with law after taking into consideration all the pleas raised by the opposite parties including the plea regarding application under Section 34 of the Act being time barred. December 1, 2025 Ram. ARPL No. 2 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench