SASKEN COMMUNICATION TECHNOLOGIES LIMITED Vs. PRIME TELESYSTEMS LTD

JUDGEMENT

(1.) IN Execution Petition No.16/2008, an application No. 817/2014 was moved by the Judgment Debtor No.2 to recall the orders dated 05.08.2014, passed by this Court. This application was assigned to this Court for disposal. It is also pertinent to mention here that the applicant had filed a EFA(OS) No.22/2014 before the Division Bench, challenging the order of this Court dated 05.08.2014, which was, however, dismissed as withdrawn with liberty to make an appropriate application before the learned Single Judge, including all the grounds on which that appeal was filed.

(2.) A reply was filed by the non -applicant/petitioner to the application No.817/2014. Thereafter, during the course of arguments on 12.03.2015, Mr.Harish Malhotra, Senior Advocate, appearing for the applicant, made a submission to file an additional affidavit clarifying certain expressions used in the application No.817/2014. Subsequent to that, an application bearing EA No.266/2015 under Order 6 Rule 17 read with Section 151 was moved by the applicant. The said application was allowed by this Court vide order dated 10.04.2015. Thereafter, the amended application which was numbered as EA No. 399/2015 was filed by the applicant. It was brought to the notice of this Court that this application was not as per the amendment sought by the applicant vide his application bearing EA No.266/2015. Thereafter, the applicant withdrew his amended application which was registered as EA No.399/2015 and filed another amended application which was registered as EA No.421/2015 in terms of the amendment sought vide its application bearing EA No. 266/2015. This EA No. 421/2015 is a substitution by way of amendment to the application bearing EA No.817/2014 which was assigned to this Court for disposal.

(3.) ARGUMENTS had been heard on this application of learned counsel for both the parties. Vide this application, the applicant, i.e., Judgment Debtor No.2 has sought the recall of the order of this Court dated 05.08.2014 passed in Execution Petition No. 16/2008 on various grounds. From the perusal of the order dated 05.08.2014, it is apparent that only direction issued by this Court vide this order in relation to Judgment Debtor No. 2 is of the following nature: -