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2022 Supreme(All) 402

RAJESH BINDAL, JASPREET SINGH
J. S. Yadav – Appellant
Versus
Anil Kumar Upadhyay – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Bose, Senior Advocate with Mr. Abhishek Bose, Advocate
For the Respondent:Sri Vishal Kumar Upadhyay, Advocate

ORDER :

JASPREET SINGH, J.

1. This instant intra-court appeal has been preferred under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the order dated 02.12.2021 passed by the learned Single Judge whereby two applications for recall bearing C.M. Application No. 80976 of 2021 for recall of order dated 26.04.2012 and C.M. Application No. 160117 of 2021 for recall of order dated 28.08.2012 passed in Contempt Case No. 716 of 2004 (Ajay Kumar Pandey and others Vs. Dr. J.S. Yadav) have been allowed and as a result the contempt proceedings have been revived against the appellant.

2. Mr. Amit Bose, learned Senior Counsel assisted by Mr. Abhishek Bose has assailed the impugned order primarily on two grounds:-

    (i) It is urged that the learned Single Judge had no jurisdiction to recall the orders, inasmuch as, once the contempt application is disposed of/dismissed, there is no provision for recall of such order. It is urged that in the instant case by means of order dated 28.8.2012 the contempt petition was dismissed as infructuous and the learned Single Judge while exercising powers of the Contempt Judge had no power to recall the said order.

(ii) It is also urged that the sai

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