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Judgment
O R D E R
This is an Application filed by the Applicant who is Respondent No.18 in the Appeal praying for following prayers:-
“a. Pass orders on CA(AT)-93/2022, where vide 14.11.2022 order, pleadings were duly completed on 20.01.2023
INTERIM RELIEFS (ex parte)
b. Direct for protection of staff being threatened for informing crimes endangering the Hon’ble Prime Minister as prayed in applicant’s reply.
c. Direct Respondent No. 1 to remove President of Respondent No.2 for pressurizing witnesses as confirmed by DCP New Delhi District police, vide Ld MM Patiala House court order dated 31.01.2024.
d. Pass orders on interim prayers of this R-18’s reply dated 05.09.2022, not opposed by appellants or any respondents.
e. Pass any other orders that this Hon’ble NCLAT may deem fit, in the interest of justice.”
Learned Counsel for the Applicant itself has pointed out Order dated 31st January, 2024 passed by MM Patiala House Court, New Delhi which Order has been passed in Criminal Case No.2422 of 2022 filed by the Applicant Col. Ashish Khanna. From the Order dated 21st March, 2024, it is clear that the complaint has been posted for Orders now has been fixed for 24th July, 2024. The Criminal Complaint which has been filed by the Applicant who was Respondent No.18 in the Appeal has to run its own course since the criminal proceedings are not to be interjected by any proceedings in this Appeal. Hence we see no reason to pass any Order, as far as the prayer made by the Applicant for removal of the President of Respondent No.2. Learned Counsel for the Applicant seeks liberty to file an application. Liberty as prayed is granted. No other prayers in the Application is allowed.
This Application is disposed of.
We make it clear that we have not expressed any opinion on any of the issues which are pending before the Learned Magistrate.
I.A. 3983 of 2024
Heard. Col. Ashish Khanna, Applicant in person, by this Application he has prayed for recall of the Order dated 10th August, 2023 passed in CA(AT) 93 of 2022. The said Order was passed after hearing the learned Counsel for the Appellant as well as learned Counsel for the Applicant who was one of the Respondents in the Appeal. The Order dated 10th August, 2023 was Interlocutory Order directing the Appeal to be listed for hearing on 11.10.2023. Thereafter, several Orders have been passed in the Appeal. We see no reason to recall the Order dated 10th August 2023 on the application filed by the present Applicant being I.A. No.3983 of 2024. The Order was passed after considering the submissions made before the Court on the said date which have been recorded in the Order dated 10th August, 2023, we see no reason to entertain the Application. This Application is rejected.
The Applicant who appeared submits that perjury has been made, we are of the view that the Application for recall is for the Order passed on 10th August, 2023, we see no reason to record any other submission in the Application.
Learned Counsel for the parties pray that dates be fixed in the Appeal for hearing of the Appeal. Let the Appeal be listed for hearing on 12th August, 2024 at 2.00 p.m. Hearings may continue to 13th and 14th August, 2024 at 2.00 p.m.