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Judgment
O R D E R
17.08.2023: Today, when aforesaid two Interlocutory Applications were taken up, again a request was made by Mr. Deepak Khosla, Ld. Counsel for the Applicant for deferring the matter. He submitted that he has already requested the Chairperson for transferring aforesaid applications from this court. Earlier also same prayer was made by Mr. Deepak Khosla, Ld. Counsel for the Applicant and thereafter by order dated 24.07.2023, we asked the Ld. Registrar to place this matter before the Hon’ble Chairperson. The order dated 24.07.2023 is reproduced.
“By a detailed order dated 31.03.2023, we declined to recall earlier order which was prayed in Interlocutory Application No. 647 of 2023. Subsequently one Interlocutory Application vide I.A. No. 2853 of 2023 was filed in the month of May, 2023. When the matter i.e. I.A. No. 2853 of 2023 was taken up, Mr. Deepak Khosla, Ld. Counsel for the Appellant submitted that he had requested the Hon’ble Chairperson for listing this case before another Bench. Even, before this court it was emphatically submitted by Mr. Khosla, Ld. Counsel for the Appellant that this matter may be referred to the Hon’ble Chairperson so that it may be decided as to which Bench will hear this matter.
The Ld. Registrar is requested to place this matter before the Hon’ble Chairperson for his needful and necessary direction”.
Thereafter, the aforesaid applications were reassigned to this Bench and taken up on 01.08.2023. In view of facts and circumstances we asked the Ld. Registrar to submit a report. The order dated 01.08.2023 is reproduced.
“The aforesaid two applications i.e. I.A. Nos. 2853 and 2854 of 2023 were earlier listed before this Bench, however on a request made by Mr. Deepak Khosla, Ld. Counsel for the Applicant we observed to place the matter before the Hon’ble Chairperson. Thereafter by an administrative order the Hon’ble Chairperson has assigned the matter to this Bench. In I.A. No. 2854 of 2023 a prayer has mainly been made for recall of a detailed order which was passed by this Tribunal on 31.03.2023 in I.A. No. 647 of 2023 and another application i.e. I.A. No. 2853 of 2023 has been filed for permitting the Applicant to make corrections in the earlier Interlocutory Application, i.e. I.A. No. 647 of 2023. Since aforesaid two applications have been listed before this Bench under the caption ‘For Orders’ we are of the opinion that Registrar of this Tribunal, may submit a detailed report as to under what circumstances earlier without oral permission of this court the applications were listed before this Bench. The Ld. Registrar is also required to examine the communications or request made on behalf of the Applicant for listing both the applications as well as communications for listing or in connection with earlier application i.e. I.A. No. 647/2023. The Ld. Registrar after examining the issue may submit a report and if there are any communication/communications for listing or other communication in respect of earlier I.A. No. 647 of 2023 also he may place on record all those communications before this court for its perusal and needful within one week. Put up on 17.08.2023”.
However, despite the fact that the Hon’ble Chairperson had again assigned the matter to this Bench today submission was made by Mr. Khosla, Ld. Counsel for the Applicant that he had again requested the Chairperson for transferring the matter.
In view of aforesaid stand taken by Ld. Counsel for the Applicant it appears that he is not interested to pursue the matter. Accordingly, both the applications are dismissed.