Neelam Manmohan Attavar vs Manmohan Attavar (D) Through Lrs

M.R. Shah, J

The present application has been preferred by the applicant/petitioner herein to recall the order passed by this Court dated 03.09.2020 passed in

Transferred Case (Criminal) No. 1 of 2020.

We have heard the applicantÂpetitioner in person at length. When we pointed out to the applicantÂpetitioner in person that as earlier another

application filed by her for the very same relief as in the present application was dismissed by this Court, the second application for the same relief

could not be maintainable, the applicantÂpetitioner in person submitted that one of us (Dr. Dhananjaya Y Chandrachud, J.) should recuse himself from

hearing the present application. We see no valid and good ground for recusal by one of us. Merely because the order might not be in favour of the

applicant earlier, cannot be a ground for recusal. A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice. Therefore, the

prayer of the applicantÂpetitioner in person that one of us (Dr. Dhananjaya Y Chandrachud, J.) should recuse from hearing the present miscellaneous

application is not accepted and the said prayer is rejected.

Now so far as the present application on merits is concerned, at the outset, it is required to be noted that earlier one other application was filed by

the applicantÂpetitioner in person for the very relief, i.e., to recall order dated 03.09.2020 passed by this Court in Transferred Case (Criminal) No. 1

of 2020 and the same came to be lodged by the Registrar and the application challenging the order of the Registrar lodging the application for recall of

the order dated 03.09.2020 was dismissed. That thereafter, once again, the applicantÂpetitioner in person has preferred the present application for the

very relief, i.e., for recalling of order dated 03.09.2020 which shall not be maintainable. Even otherwise, it is required to be noted that order dated

03.09.2020 was pronounced after hearing the applicant. As observed hereinabove, earlier IA for recalling of order dated 03.09.2020 was dismissed

and at that time also the applicantÂ​petitioner in person was also heard.

In view of the above, the present application also deserves to be dismissed and is accordingly dismissed. It is observed that the Registry shall not

accept any further miscellaneous application on the subject matter of order dated 03.09.2020 or the order dated 29.10.2020 passed in IA No. 101770

of 2020 or in the present order.