Single judge disposed of an application under CMP No.11494/2019 seeking recall of an order dated 13.9.2018. Court rejected submissions regarding junior counsel's knowledge as unsustainable and dismissed the application.
Application to recall order dated 13.9.2018 is disposed of.
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FAO No.185/2017
8.11.2019 : Present: Mr. Mayank Sharma, Advocate, for the appellant.
CMP No.11494/2019
No case to recall the order dated 13.9.2018 is made out. On perusal of the averments made in the application and even learned counsel for the applicant failed to satisfy this Court as to how the order sought to be recalled is not legally sustainable. The submissions that counsel Mr. Jeewan Kumar, Advocate was junior or was not aware of the facts of the case, is not legally sustainable because it is Mr. Jeevan Kumar, who had been representing the appellant and signed the memorandum of appeal. The application is accordingly disposed of.
November 8, 2019. (Dharam Chand Chaudhary), (rkv) Judge
1 issue framed by the court
Whether an application to recall an order dated 13.9.2018 is legally sustainable when counsel fails to satisfy the Court.
Unnamed Appellant
Unnamed Respondent
Dharam Chand Chaudhary
As recorded by the court registry
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