Parmarth Steel And Alloys Pvt. Ltd. Vs State of U.P. and Others (Allahabad High Court)
The Allahabad High Court considered three recall applications filed in relation to Writ Tax Nos. 874 of 2010, 875 of 2010, and 13 of 2014, seeking recall of its detailed judgment and order dated 28.03.2022. The petitioners in the first two writ petitions were private companies, while the petitioner in the third writ petition was stated to be a proprietory concern.
As all three recall applications and the supporting affidavits were identical, the Court, with the consent of the parties, examined the affidavit filed in support of Recall Application No. 2 of 2022 in Writ Tax No. 874 of 2010.
The Court noted that the affidavit had been sworn by a person who stated that he was employed in a private job and was acting as the pairocar of the petitioner. The Court further observed that the deponent was not an employee of the petitioner.
The affidavit stated that the non-appearance of the petitioner’s counsel was bona fide and not deliberate. It also asserted that the matter had merit and requested recall of the order dated 28.03.2022 so that the case could be heard on merits, contending that otherwise the petitioner would suffer irreparable loss and injury.
