Court No. - 69
Case :- APPLICATION U/S 482 No. - 9596 of 2021 Applicant :- Akib @ Akil Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohd. Iqbal Farooqui,Indra Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the the applicant and learned AGA through vedio conferencing.
Learned counsel for the applicant submitted that earlier opposite party no.2 has filed an application under Section 125 Cr.P.C. for grant of interim maintenance, which was allowed ex parte vide order dated 26.11.2018. He next submitted that applicant has moved an application under Section 126(2) for recalling the exparte order dated 26.11.2018, which was ultimately allowed by the Court below vide order dated 19.3.2020 with the condition that applicant shall deposit the fine of Rs. 2,000/ on delay condonation application and Rs. 4,000/- on recall application before the next fixed i.e. 27.3.2020. Due to widespread of Covid-19, applicant could not deposit the said amount as directed by the Court below vide order dated 26.11.2018 within the time fixed. Ultimately, Court has recalled the order dated 19.3.2020 vide order dated 6.2.2021. Lastly, he submitted that as on date, he is willing to deposit the said amount as directed by the Court below vide order dated 19.3.2020 within 15 days and Court may please to quash the recall order.
Learned AGA has submitted that for recalling the order, it is required on the part of applicant to move an application before the Court concerned .
I have considered the rival submissions of learned counsel for both the parties and perused the record. This fact is undisputed that after 19.3.2020, due to spread of Covid-19, lockdown was imposed.
Considering the facts and circumstances as well as widespread of Covid-19 at that time, the application is disposed of with liberty to applicant to move an recall application before the Court concerned within two weeks from today for recalling the order dated 6.2.2021. If any such application is moved, Court concerned shall make all endeavor to decide the same within four weeks thereafter in accordance with law.
From six weeks from today or till the disposal of application, whichever is earlier, no coercive action shall be taken against the applicant.
Order Date :- 28.5.2021 Junaid Digitally signed by Justice Neeraj Tiwari Date: 2021.05.28 16:28:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad