MC 3088/2008 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. P.C. Deka, learned Sr. counsel assisted by Mr. N. Deka, learne d counsel for the appellant/ applicant as well as Mr. G.N. Sahewalla, learned Sr . counsel assisted by Md. Aslam, learned counsel for the opposite party/ respond ent. This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 107 days in filing the appeal u/s. 37 of the Arbitration and Conciliation Act, 1996 against the order dated 18.03.08 passed by the learn ed District Judge, Golaghat in Misc. Arbitration Case No. 1/2006. Mr. Deka, learned counsel for the appellant submits that the appellant d oes not want to press the appeal. In that view of the matter, the prayer for con doning the delay made in this application does not survive. Consequently the Mis c. case stands disposed of.