1. The present application has been taken out seeking below mentioned relief/s and directions.
"A) That this Hon'ble Court may be pleased to recall the judgment and order dated. 16.12.2011 made in Company Application No.530/2011 and thereafter may be pleased to make such orders as may be deemed appropriate, in the interest of justice;
B) That this Hon'ble Court may be pleased to modify/recall the order dated 16.12.2011 made in Company Application No.530/2011, by modifying the portion pertaining to second sale deed in the interest of justice;"
2. In view of the fact that the said order was passed after considering the submissions made by learned Advocate for the applicant and at the request and in view of "no objection" declared by the learned Advocate for the applicant. This is evident from observation in para 8 of the order dated 16.12.2001 which reads thus:-
"8.........the learned counsel for the applicant has submitted that the applicant has no objection to pay the stamp duty in respect of both occasions/transactions i.e. first sale and second sale. In that view of the matter and subject to the said condition, there cannot be any objection or reservation to permit the applicant to appoint a nominee.............."
Thus, there is no justification in modifying or recalling the conditions mentioned in the order.
3. Therefore, the request is not accepted. Application is accordingly disposed of.
(K.M.THAKHER, J.) jani Top