Back
2023 Supreme(Del) 3528
IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Girish Kathpalia, JJ.
Sarita Sagar – Appellant
Versus
Income Tax Officer Ward 70 1 & Ors. – Respondents
W.P.(C) 7635 of 2023
Decided On : 02-08-2023
Important Points
Subject
Civil Law - Recall of Order
Headnote
Recall of Order - Application for Recall of Order - The court dismissed the application for recall of order as it was found to be completely without merit.
Fact of the Case:
The petitioner's counsel had sought to withdraw the writ petition as the assessment order had been passed, and liberty was sought to take recourse to an appropriate remedy as per law.
Finding of the Court:
The court found the application for recall of order to be completely without merit and accordingly dismissed it.
Issues: Application for recall of order
Ratio Decidendi: The court found the application for recall of order to be without merit as a statutory appeal had already been preferred after the order was passed.
Final Decision: The application for recall of order was dismissed by the court.
Ms Mitika Choudhary, Advocate, for the Petitioner.
Mr Aseem Chawla, Sr Standing Counsel with Ms Pratishtha Choudhary and Mr Aditya Gupta, Advocates
Mr Ashish Batra, Senior Panel Counsel, for the Respondent/U.O.I.
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.39133/2023
1. Allowed, subject to just exceptions.
CM No. 39132/2023
2. This is an application filed seeking recall of order dated 30.05.2023.
3. A perusal of the order would show that the petitioner's counsel, i.e., Ms Mitika Choudhary, had made a submission before the Court that she has instruction to withdraw the writ petition, as the assessment order has been passed.
4. Since liberty was sought to take recourse to an appropriate remedy as per law, leeway in that behalf was granted.
5. It is not disputed by Ms Choudhary that since the order dated 30.05.2023 being passed, a statutory appeal has been preferred.
6. In our view, this application is completely without merit.
7. The same is, accordingly, dismissed.
8. Parties will act based on the digitally signed copy of the order.
