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High Court of DelhiCM(M)/400/2017

Delhi Tamil Education Association (Regd) And ANR v. M A Suresh And ANR

2017-04-13Hon'Ble Mr. Justice Jayant Nath2 pages

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 400/2017 DELHI TAMIL EDUCATION ASSOCIATION (REGD) AND ANR ..... Petitioner Through:

None.

versus M A SURESH AND ANR ..... Respondent Through:

Mr. Avneesh Garg, Advocate

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 03.07.2017 C.M. No. 22927/2017 (U/s 151 CPC for recalling order dated 13.04.2017) By this application filed under Section CPC, the respondent seeks for recalling the order dated 13.04.2017 passed by this court, vide which this court had passed the following order: "In the light of the above legal position, it would be in the interest of justice that liberty is granted to the petitioner to move for review/recall of the impugned order. In case such an application is filed the trial court may deal with the same, as per law. It may be noted that any further adjudication in the trial court will be uninfluenced by any observations made by this court." I have heard the learned counsel for the applicant in detail. Apparently, I do not find any ground for recalling the order dated

13.04.2017. The apprehension of the applicant/respondent is that he is plaintiff in the suit before the trial court and by moving this application it may further lead to unnecessary delay in disposal of the proceedings in the trial court.

In the facts and circumstances of the case, the present application is disposed of with an observation that if any application for review/recall of the impugned order is moved by the petitioner before the trial court, the trial court shall decide the same expeditiously and preferably within a period of 60 days. With aforesaid observations, this application is disposed of. P.S.TEJI, J JULY 03, 2017 pkb