Court No. - 34
Case :- SPECIAL APPEAL No. - 988 of 2005 Appellant :- Shyam Narain Tewari Respondent :- State Of U.P. And Another Counsel for Appellant :- Jagannath Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
Hon'ble Virendra Kumar Srivastava,J.
In Ref: Civil Misc. Recall Application No. 2 of 2019.
1. This is thoroughly misconceived application seeking recall of order dated 22.4.2016. By the aforesaid order dated 22.4.2016 Special Appeal No. 988 of 2005 was dismissed on merits after hearing learned counsel for appellant. Therefore no recall application lies in this matter but learned counsel for appellant unfortunately not only filed this recall application but also tried to create a confusion before the Court that the appeal was dismissed for want of prosecution and recall may be proceeded.
2. As the appeal has been dismissed on merits, therefore recall application is impermissible. The conduct of the counsel for appellant cannot be appreciated and deserves to the contemned.
3. The application is dismissed with cost of Rs.10,000/-.
Order Date :- 31.5.2019 Saurabh