Delay Condonation Application No. 5585/2008 Restoration Application No. 1005/2008 in A.O. No. 1288/2001 UHon’ble B.C. Kandpal, J. Heard Sri Arvind Vashist, learned A.S.G. and Mr. A.K. Joshi, Advocate for the respondent, on the delay condonation application and perused the affidavit filed in support thereto. This arbitration appeal under Section 37 of the Arbitration Act, was filed before Allahabad High Court on 24- 7-1998. After the transfer of the case to this court from Allahabad, this Court on 22.5.2003 directed both the parties to appear before the Lok Adalat to be held on 21.6.2003. However the matter could not be materialized in the Lok Adalat. On 26.5.2004, the case was adjourned at the request of learned Senior Standing Counsel for Central Govt. Again on 23.6.2004, the matter was adjourned at the request of Senior S.C. Central Govt.. Thereafter on 16.10.2004, again the matter was adjourned at the request of learned S.C. Central Govt. The order sheet further shows that on 2.3.2005 again the case was adjourned at the request of learned S.C. Central Govt. However when the matter was listed before the court on 24.5.2005 the appeal was dismissed for want of prosecution as none appeared on behalf of the appellant. Now the restoration application with the prayer for recalling the order dated 24.5.2005 has been filed by the Union of India through learned A.S.G. with a delay of 1154 days. Having considered the submission advanced by the learned A.S.G. and after perusal of the affidavit filed by the deponent on behalf of Union of India, I am of the view that the delay has not been satisfactorily explained at all. The Senior Standing Counsel had been trying to linger on the matter by making the prayer for adjournment on each and every date before the court and it appears from perusal of the record that no effort has ever been made by the learned Standing Counsel/learned A.S.G. either to argue the case before the court or to make the submission, if any. It cannot be said that the matter was not in the knowledge of the Senior Standing Counsel Central Govt. Therefore, I do not find any justification for moving the restoration after a long delay of 1154 days. In the absence of any satisfactory explanation with regard to the delay in moving the restoration application, I am of the view that the application is liable to be rejected. Accordingly the delay condonation application is dismissed. Consequently, the restoration application is also dismissed. Dated: 29-8-2008 (B.C. K., J.) ISB