Smt. Rajni Goenka And 3 Others vs State Of U.P. And Another
2016 Latest Caselaw 5898 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 
Criminal Misc. Recall Application No.232045 of 2016
 
                        In
 

 
Case :- APPLICATION U/S 482 No. - 10986 of 2015
 

 
Applicant :- Smt. Rajni Goenka And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Shiv Nath Singh,Kanchan Chaudhary
 
Counsel for Opposite Party :- Govt. Advocate,Deepak Agrawal
 

 
Hon'ble Naheed Ara Moonis,J.

The restoration application has been moved on behalf of the applicants for recalling the order dated 17.5.2016.

It has been submitted by the learned counsel for the applicants that rejoinder affidavit to the counter affidavit filed by the opposite party no.2 had already been filed after serving a copy to the learned counsel for the opposite party no.2 on 19.2.2016 and as such the learned counsel for the opposite party no.2 has given wrong statement before this Court and hence the interim order has been vacated.

From perusal of the record it is clearly indicates that copy of rejoinder affidavit has already been received by the learned counsel for the opposite party no.2  on 19.2.2016.

In view of the above facts and circumstances, the order dated 17.5.2016 is hereby recalled. Interim order granted earlier shall remain operative till the next date of listing. 

It is clarified that the case shall not be treated as tied up to this Bench and shall be listed in the next cause list before the appropriate Bench.

Order Date :- 16.9.2016

RU