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WPMS/3067/2024
2025 Latest Caselaw 5560 UK

Citation : 2025 Latest Caselaw 5560 UK
Judgement Date : 18 November, 2025

Uttarakhand High Court

WPMS/3067/2024 on 18 November, 2025

Author: Pankaj Purohit
Bench: Pankaj Purohit
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  WPMS No.3067 of 2024
                                  Hon'ble Pankaj Purohit, J.

Mr. A.S. Rawat, learned senior counsel assisted by Mr. Gaurav Paliwal, learned counsel for petitioners.

2. Mr. Aditya Singh, learned counsel for respondent No.1.

3. Mr. Piyush Garg and Mr. Nikhil Singhal, learned counsel for respondent No.2.

4. Recall application (IA/3/2025) has been moved by respondent No.2 for recalling the order dated 06.11.2025, whereby, the respondent No.2 was granted 10 days' time to remove the defect(s) in Misc. Application (IA/2/2024), subject to payment of Rs.25,000/- in Uttarakhand High Court Bar Association Advocates' Welfare Fund.

5. Learned counsel for respondent No.2 has drawn the attention of this Court that the defect(s) as pointed out by the Registry could have been ignored by this Court for the reason that the typed copy of the judgment dated 03.05.1982 passed by Hon'ble Apex Court has already been filed by respondent No.2 along with counter affidavit. This fact could not have been brought to the notice of this Court on 06.11.2025 by Mr. Sameer Rawat, learned counsel holding brief of Mr. Piyush Garg, learned counsel.

6. In such view of the matter, the order dated 06.11.2025 is hereby recalled.

7. The defect(s) as pointed out by the Registry in Misc. Application along with counter affidavit, is ignored, in view of the fact that the typed copy of the order has already been annexed by the respondent No.2 in counter affidavit.

8. Accordingly, the counter affidavit filed by respondent No.2 is taken on record. Misc. Application (IA/2/2024) made therefor, is allowed.

9. Learned senior counsel for petitioners submits that he doesn't wish to file any rejoinder affidavit in the matter.

10. Since, pleadings have been completed, put up for final hearing on 06.01.2026.

(Pankaj Purohit, J.) 18.11.2025 PN

 
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