WPMS/2437/2020
2021 Latest Caselaw 3055 UK

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                                      WPMS No.2437 of 2020
                                      Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode)

Mr. Ramkrishna Srinivasan and Mr. Shivam Bajaj, Advocates for the petitioners/applicant.

Mr. P.C. Petshali, Advocate for the caveator. The newly inducted counsel, who is an applicant to the recall the application, seeking recall of a final judgment dated 04.01.2021, which was passed on the basis of the consensus, which was extended by the petitioners, to vacate the premises. As per the settled law of Hon'ble the Apex Court reported in AIR 1997 Supreme Court 1005, Tamil Nadu Electricity Board and Ors. vs. N. Raju Reddiar and Ors., no recall or review application could be filed with a changed counsel, would be maintainable for the reason being that it would be only the first counsel, who has initially appeared to argue the matter, who would be in the best position to answer the circumstances under, which the statement was given by the tenant to the vacant premises.

Learned counsel for the applicant Mr. Shivam Bajaj, submits that the matter may be adjourned for three weeks in order to enable him to complete his instructions and take necessary steps.

Put up the Recall Application No.13213 of 2021 in the week commencing 06.09.2021.

(Sharad Kumar Sharma, J.) 13.08.2021 Arti