CIVIL APPEAL 10372 of 2005 on 12 July 2005

Arguments

C.M.No.1658 of 2008 inC.W.P.No.10372 of 2005

Present:Ms. Alka Chatrath, Advocate,for the applicant-petitioner.

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The petitioner has prayed for recalling the order dated16.01.2006.

Perusal of the aforementioned order shows that the petitionerwas directed to comply with the order dated 12.07.2005 as the affidavitsubmitted by the petitioner did not answer the query raised by the Bench.The said compliance was to be done or or before 16.03.2006.

Learned counsel for the petitioner submits that as the casewas fixed for hearing on 20.03.2006, therefore, the petitioner was under theimpression that the compliance was to be made prior to that date. Shefurther submits that the petitioner had complied with the directions issuedon 16.01.2006 on 18.03.2006 and hence, the petition could not have beendeemed to be dismissed.

After hearing learned counsel for the petitioner, we are of theconsidered opinion that the petitioner may file a fresh petition for the samerelief as claimed in this petition.

C.M. stands disposed of.

(ASHUTOSH MOHUNTA) JUDGE

March 31, 2008seema

(KANWALJIT SINGH AHLUWALIA) JUDGE