1. The applicant has taken out present application seeking below mentioned relief/s:-
"9(A) This Hon'ble Court may be pleased to review and recall the order dated 2.5.2012 in the interest of justice and / or may be pleased to suitably modify the order under review.
(B) Be pleased to grant such other and further relief which this Hon'ble Cout deems fit proper in the facts of the case."
2. Mr. Purohit, learned advocate has appeared for the applicant (original petitioner). He has submitted that the petitioner had declared that it was ready and willing to make payment but that was in respect of different amount and not the amount claimed by the respondent. He submitted that the applicant - petitioner disputes the liability to make payment of interest and penalty and that therefore the observation made in paragraph No.3 in the order dated 2.5.2012 passed in SCA No. 4603 of 2012 may be modified.
3. The application is not maintainable and does not deserve to be entertained because in paragraph No.3 of the order dated 2.5.2012 what is recorded is the submission which was made by the learned advocate for the petitioner on behalf of the petitioner. The submission was made on the ground that the petitioner may get sufficient time / installments to make the payment. Therefore, all that is recorded in paragraph No.3 of the order dated 2.5.2012 is the submission of learned advocate for the petitioner and that therefore it cannot be said that there is any error apparent on face of Court. If the petitioner is not ready and willing to make payment it is for the petitioner to decide its course of action and the competent authority will accordingly decide the representation of the petitioner. Any cause to entertain present application is not made out and therefore the application is disposed of.
(K.M.THAKER,J.) Suresh* Top