RAMJAS MAL (DEAD) THROUGH GAJENDER KR. GOEL v. JUGAL KISHORE
2005-08-01
ASHOK BHAN, R.C.LAHOTI
body2005
DigiLaw.ai
ORDER 1. THE APPLICATION FOR RECALL IS ALLOWED. BUT LOOKING AT THE UNFAIR CONDUCT OF THE PETITIONER WHO HAS BEEN INSTRUMENTAL IN NOT BRINGING THE RELEVANT FACTS TO THE NOTICE OF THE COURT ON THE DATE OF HEARING I.E. 21-11-2003, WE IMPOSE COSTS OF RS 10,000 ON THE PETITIONER WHICH WILL BE A CONDITION PRECEDENT TO THE HEARING OF THE SPECIAL LEAVE PETITION. THE COSTS SHALL BE DEPOSITED WITHIN A PERIOD OF FOUR WEEKS IN THE REGISTRY OF THIS COURT. THE AMOUNT SHALL BE RELEASED TO THE SUPREME COURT MIDDLE INCOME GROUP LEGAL AID SOCIETY. 2. SUBJECT TO THE COSTS BEING DEPOSITED, THE ORDER DATED 21-11-2003 SHALL STAND RECALLED AND THE REVIEW PETITION SHALL STAND ALLOWED. THE SPECIAL LEAVE PETITION SHALL BE RESTORED TO ITS ORIGINAL NUMBER AND BE PLACED FOR HEARING BEFORE THE COURT. IAS NOS. 1 AND 2 FOR SUBSTITUTION SHALL BE CONSIDERED AT THE TIME OF HEARING IN THE SPECIAL LEAVE PETITION. 3. FAILING THE PAYMENT OF COSTS, THE APPLICATION FOR RECALL SHALL BE TREATED AS DISMISSED.