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2023 Supreme(Del) 3539
IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Girish Kathpalia, JJ.
Ritu Jain – Appellant
Versus
Income Tax Officer Ward 28 1 & Ors. – Respondents
W.P.(C) 7636 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 application was filed seeking recall of an order dated 30.05.2023 after the petitioner's counsel had made a submission to withdraw the writ petition.
Finding of the Court:
The court found the application to be completely without merit and dismissed it.
Issues: The issue was whether the application for recall of the order should be allowed.
Ratio Decidendi: The court decided that the application for recall of the order was without merit and dismissed it.
Final Decision: The application for recall of the order was dismissed.
Ms Mitika Choudhary, Advocate, for the Petitioner.
Mr Abhishek Maratha, Sr Standing Counsel with Mr Akshat Singh, Jr Standing Counsel, for the Respondent.
JUDGMENT
Rajiv Shakdher, J. (Oral)
CM No.39164/2023
1. Allowed, subject to just exceptions.
CM No. 39129/2023
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.
