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Judgment
HON’BLE MR. MANISH GARG, MEMBER (J):
This Review Application (RA) has been filed by the applicants seeking recall of the order dated 30.04.2026, whereby OA No. 1691/2026 was dismissed as withdrawn.
Learned counsel for the respondents submits that the applicants may file a fresh OA instead of pursuing the present RARA and states that, in such an eventuality, he would not raise any objection on the ground of res judicata.
Though notice has not yet been issued in the present RARA, the matter is being taken up at this stage. Learned counsel for the applicants submits that the earlier OA was dismissed as withdrawn and was not adjudicated on merits.
Be that as it may, since the earlier OA was not adjudicated on merits and was permitted to be withdrawn, the present RA is also permitted to be withdrawn, without going into the merits of the case and without prejudice to the rights of the Review Applicants to avail themselves of such remedy as may be available to them in accordance with law.
It is clarified that any fresh OA, if so filed, shall be considered on its own merits, uninfluenced by the order permitting withdrawal of the earlier OA. The OA, if otherwise maintainable, may be considered on merits at the appropriate stage.
Accordingly, the RA is dismissed as withdrawn.
All pending Miscellaneous Applications, if any, shall also stand disposed of. No costs.
