Court No. - 24 Case :- MISC. SINGLE No. - 2387 of 2010 Petitioner :- Brij Lal Respondent :- State Of U.P. Thru Secy. & Ors. Petitioner Counsel :- Om Prakash Mishra Respondent Counsel :- C.S.C.,O.P.M.Tripathi Hon'ble Rajiv Sharma,J.
Learned Counsel for the petitioner submits that though several
opportunities have been granted to the Bank for filing counter-affidavit,
yet no counter-affidavit has been filed, to which Mr. O. P. M. Tripathi,
learned Counsel appearing for the Bank states that only on 27.4.2010,
this Court granted three weeks for filing counter-affidavit.
Since the Bank fails to file counter-affidavit, the Bank is directed to file
counter-affidavit, within three weeks, on payment of cost of Rs.15,000/-
and the petitioner will have one week thereafter to file rejoinder affidavit.
List in the next month for hearing.
Order Date :- 15.7.2010
lakshman
Before the above order could be signed, learned Counsel for the Bank
appeared and filed an application for recall of the order. The application
is admitted to record.
In the said application, it has been stated that the cost imposed upon
the Bank may be recalled. As the sufficient cause has been shown in
the application, it is allowed and the order dated 15.7.2010 is recalled
insofar as the imposition of cost of Rs.15,000/-.
Dt.15.7.2010