SUDHIR KUMAR SRIVASTAVA Vs. ALOK KUMAR MUKHERJEE

JUDGEMENT

(1.) (C.M. Application No.11525 of 2020) Heard learned counsel for the applicant and Sri Gaurav Mehrotra, learned counsel for the respondent.

(2.) An application for recall has been filed seeking recall of the order dated 20.01.2020 passed in Contempt Petition No.1213 of 2019 in re: Sudhir Kumar Srivastava vs. Alok Kumar Mukherjee, by which the contempt petition had been dismissed. The said application has been filed by learned counsel for the applicant duly supported by an affidavit of one Sri Shanti Sewak, describing himself to be the Clerk of learned counsel for the applicant. It has also been indicated in paragraph 2 of the affidavit that the applicant is an affected person and has been falsely implicated. It is not understood as to what prevailed upon the Clerk of the learned counsel for the applicant to file an application for recall inasmuch it has not been indicated in the said affidavit as to what has precluded or prevented the applicant himself namely Sudhir Kumar Srivastava from filing the said application and it has been left for the Clerk of the learned counsel to indicate that the applicant has been falsely implicated.

(3.) Be that as it may, the fact of the matter is that the Court vide order dated 20.01.2020 had dismissed the contempt petition after considering the facts and circumstances of the case.