RAM LAKHAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) These applications have been filed by the respondent No. 2 M/s. Swatantra Bharat Mills for recalling the order dated 17-11-1999 in which the civil appeal Nos. 6566-68/99 were allowed and for rehearing of the cases on merits.

(2.) In the applications it was stated, inter alia, that on 17-11-1999 the advocate-on-record for respondent No. 2, Shri B. R. Subharwal left the Court premises on account of ill-health requesting Mr. Harvinder Singh. Advocate to inform the Court if the matter reached for hearing but before the case was called Shri Harvinder Singh, Advocate also left the Court premises on receiving a call from his house that his son needed immediate medical attention. In these circumstances, contended the applicant, absence of its lawyers when the appeal was heard, was in the circumstances and for reasons beyond its control.

(3.) Considering the averments made in the application particularly the ground of illness of the advocate-on-record and illness of the son of the other advocate whom he had requested to make a mention before the Court when the case was called, we decided to give an opportunity to the cousnel for the applicant to place the case on merits making it clear that if he fails to place any contention which, if accepted. Would tilt the balance in favour of the applicant the application for recall of the order dated 17-11-1999 will be dismissed. We have heard learned counsel for both the parties on merits of the case.