RAMESHBHAI RASIKBHAI DESAI Vs. AMIT MUKESHBHAI SHAH

JUDGEMENT

(1.) Learned APP Mr.Jirga Jhaveri waives service of Rule on behalf of respondent No.1 and learned Advocate Mr.D.K.Puj waives service of Rule on behalf of respondent No.2.

(2.) This application is filed for recall of order dated 05.09.2018 passed by this Court in Special Criminal Application No.5461 of 2018. The application for recall of the order is made as the order was passed on the basis of compromise and the affidavit filed purportedly on behalf of respondent No.2 in the main petition.

(3.) Learned Senior Advocate for the applicant submitted that the order dated 05.09.2018, recall of which is sought, specifically mentions affidavit of one Mr.Amit M.Shah, Director of Tensile Steel Ltd. and on the basis of this affidavit, considering amicable settlement and no objection to allow the petition, the petition was allowed. Learned Senior Advocate for the applicant submitted that the applicant is the original complainant and it was only original complainant who could have filed an affidavit of compromise and permitting no objection to allow the petition. It is submitted that said Mr.Amit M.Shah, Director of Tensile Steel Ltd. was never authorised on his behalf to file such an affidavit. The applicant being respondent No.2 in the original petition does not concur with the contents of the affidavit filed on his behalf by Mr.Amit M.Shah, Director of Tensile Steel Ltd. and therefore, the basis on which the order is passed is non-existent and hence, the order is required to be recalled.