Omg Builders Pvt. Ltd vs Ashok Jethwani ...
2023 Latest Caselaw 7765 Raj

[2023:RJ-JD:32957]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Review Petition (Writ) No. 97/2023

1.        Omg Builders Pvt. Ltd., Through Its Director Shri Inder
          Mohanpuri, Aged About 71 Years, Address F-1/4, Okhla
          Industrial Area, First Phase, New Delhi.
2.        Shri Inder Mohanpuri S/o Shri Madan Mohanpuri, Aged
          About 71 Years, A-21/9, D.l.f. City, First Phase, D.l.f. Qe,
          Gurugram, Haryana.
3.        Shri Deepak Mohanpuri S/o Shri Madan Mohanpuri, Aged
          About 69 Years, M-109, Greater Kailash, Part-1, Defense
          Colony, South Delhi, Pin 110048.
                                                                    ----Petitioners
                                      Versus
Ashok Jethwani S/o Shri Kishanchand Jethwani, 917, 9Th D
Road, Sardarpura, Jodhpur.
                                                                   ----Respondent


For Petitioner(s)            :    Mr. Falgun Buch
For Respondent(s)            :



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

03/10/2023

1.    The present civil review application has been preferred by

the petitioner claiming the following reliefs :-
     "In light of the aforesaid facts and circumstances, it is
      prayed that the Hon'ble Court may kindly allow the
      instant review / recalling application and the order dated
      20.03.2023, may kindly be recalled and reviewed and
      the present writ petition may kindly be heard on stay
      application afresh on merits."

2.    While the lawyers were abstaining from the work, this Court

without     their    assistance,       passed        the     following   order   on

20.03.2023:-

                       (Downloaded on 12/11/2023 at 06:49:42 AM)
                                    [2023:RJ-JD:32957]                      (2 of 2)                        [WRW-97/2023]


                                              "The lawyers are abstaining from the work due to
                                        strike.
                                              Issue notice. Rule is made returnable within eight
                                        weeks.
                                              However, no case for grant of stay is made out.
                                              The stay application is accordingly dismissed."

                                   4.     Learned       counsel     for     the       petitioner,      while   profusely

                                   apologizing for his non-appearance on 20.03.2023, when the stay

                                   petition of the petitioner was dismissed by this Court..

                                   5.     This Court is of the opinion that the lawyers' abstention from

                                   the work is a very serious issue, which ought to be deprecated in

                                   all the contours as laid down by the Hon'ble Supreme Court in

                                   catena of judgments, including the judgments rendered in the

                                   cases of Ex-Capt. Harish Uppal vs. Union of India, (2003) 2 SCC

                                   45; Common Cause, A Registered Society vs. Union of India,

                                   (2006) 9 SCC 295; Krishnakant Tamrakar vs. State of M.P.,

                                   (2018) 17 SCC 27 and District Bar Association, Dehradun through

                                   its Secretary vs Ishwar Shandilya & Ors., 2020 SCC Online SC

                                   244.

                                   6.     However, in the interest of justice, the apology being

                                   tendered by learned counsel for the petitioner is accepted

                                   7.     Accordingly, the civil review application is allowed; the

                                   aforementioned order passed by this Court on 20.03.2023 is

                                   recalled.

                                   8.     Office is directed to list the petition on 02.11.2023.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

206-Sudheer/-

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