ASHOK KUMAR CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed with the prayer for quashing the subsequent transfer order passed in the case of the petitioner. After issuing notices to the respondents, this court passed an interim order dated 8.9.05, which reads as under:

(2.) Respondent No.5 has filed this recall application under Chapter XXII of the Rules of the Court, 1952 read with Section 151 of the Code of Civil Procedure, with the prayer for recalling the interim order dated 8.9.05 passed by me. The said application is supported by an affidavit of respondent No.5. No counter affidavit to the averments made in the writ petition has been filed. Because a recall application has been filed, this matter has been listed before me as a tied up matter.

(3.) The preliminary question which requires consideration is as to whether a recall application in such a case would be maintainable or not, as the option open to the applicant - respondent No. 5 was to file an application for vacating the ex parte stay order, along with a counter affidavit.