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Judgment
8 paragraphs · 393 wordsB K Shrivastava, Member (J)
None for the applicant.
Shri Praveen Shukla, counsel for respondents is present.
No one is appear on behalf of the applicant even in the repeated round.
Counsel for the respondents draws attention towards the fact that the Recall Application has been filed by the applicant vide M.A./613/2022. Order on the Contempt Petition was passed finally in the presence of both the parties, therefore, Recall Application is not tenable in the light of the Full Bench judgement of this Tribunal passed on 11.06.2013 upon Civil Misc. Recall Application No.3242/2011 filed in Civil Misc. Contempt Petition No.164 of 2007 arising out from Original Application No.1111 of 2000 (Satyapal Singh and ors vs. I.M.G. Khan etc.). In para 24 of the aforesaid judgement dated 11.06.2013 the Full Bench mentioned as under:
“ In view of the discussions made in the foregoing paragraphs, it is our considered view that recall application is not maintainable against an order passed in a contempt case decided on merits. We would like to add that Tribunal should refrain itself from dismissing a contempt case for default, particularly after issuance of show cause notice as discussed above. However, if such an order has been passed by a Tribunal, the absence of vesting/conferment of power of recall/review shall not come in the way of recalling because of such order being ab initio void and nonest and it would be constitutional and legal obligation of a Tribunal to recall such an order as discussed hereinbefore. Thus the matter in question which has been referred to in this Fill Bench, is answered accordingly. The Civil Misc. Recall Application dated 3242/2011 in Civil Contempt Petition No.164/2007 pertaining to O.A. No 1111/2000 will be placed before the appropriate bench for disposal in the light of this order/judgement.”
It appears that the order dated 27.01.2022 was passed in Contempt Petition No.95/2013 and the Court has mentioned therein that the “Division Bench is satisfied that the order of the Tribunal has been complied with and nothing sustains in the instant Contempt Petition”. Order was passed after hearing both the parties and in the presence of both parties. Therefore, the Full Bench judgement cited above is fully applicable to this case also. Hence the Miscellaneous Recall Application No.613 of 2022 is not tenable, therefore, dismissed.
No order as to costs.