CM APPL. 16638/2009 (exemption)

Aruna Suresh, ]. (Oral) - Exemption allowed subject to all just exceptions. Application stands disposed of accordingly.

Appellants by way of this application have sought setting aside of the order of this Court dated 20th July, 2009 and revival of the appeal to be heard and decided on merits on the grounds that appellants never filed any affidavit nor had authorized the Counsel appearing on their behalf to record any compromise for and on behalf of the appellants.

2. It is submitted by Mr. Rajan Bhatia, learned Counsel appearing for the appellants that appellants were never present in the Court and had never compromised their dispute with the respondents. After the order of this Court dated 20th July, 2009, the appellants had filed Special Leave Petition (SLP) in the Supreme Court challenging the said order. Therefore, there was no reason for the appellants to file Affidavit of Undertaking containing the terms and conditions of the alleged settlement. He emphasized that the SLP was dismissed with liberty to the appellants to approach this Court for recalling of its order on the ground that no. consent was given. Therefore, he has filed this app