MIRIC BIOTECH LTD. Vs. ANIL KUMAR AGGARWAL

JUDGEMENT

(1.) This is an application preferred by the Appellant seeking recall of order dtd. 25/8/2022 vide which the appeal was disposed of by a consent order by granting time to the Appellant to vacate the suit premises, subject to payment of mesne profits as also filing an undertaking in terms of the said order.

(2.) The Appellant has, admittedly, not complied with the said order and has instead moved the present application on the ground that since the Respondent tried to get his electricity connection disconnected, which connection was restored only pursuant to orders passed in a writ petition preferred by the Appellant, he was not able to use the suit premises and therefore, now seeks adjudication of the appeal on merits.

(3.) Learned counsel for Appellant, therefore, prays that the order dtd. 25/8/2022 be recalled and the appeal be taken up for consideration on merits. Even though, learned counsel for Respondent vehemently denies the averments made by the Appellant, he has no objection to the appeal being taken up for consideration on merits. It may be noted that the Respondent has also preferred an application being CM Appl. 43681/2022 seeking a direction to the Appellant to immediately vacate the suit premises.