Subhro Kamal Mukherjee, J.

We are invited to decide an application for review filed under A.C.O. 130 of 2013 by Omnitech Engineers (India) Private Limited seeking review of our order dated June 12, 2013 passed in A.P.O. No. 728 of 1998.

Another application for recalling was filed, which was registered as A.C.O. 140 of 2013, seeking for recalling of our aforesaid order. By order dated June 12, 2013, we dismissed the aforementioned appeal being A.P.O. No. 728 of 1998 for non-prosecution as the learned advocate-on-record for the appellant came and submitted that he has been instructed not to press the appeal.

There was an application by Omnitech Engineers (India) Private Limited seeking for its addition in the appeal.

We felt that as the appeal was dismissed for non-prosecution, the application for addition of party became infructuous and we, thus, dismissed the said application for addition of party as infructuous. Mr. Soumendra Nath Mukherjee, learned senior advocate, appears and submits that in view of the ongoing disputes between the Jain Group and the Singhania Group, that is, the promoters of the company- in- question, the learned advocate-on-record for the appellant,