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2013 (8) TMI 848 - DELHI HIGH COURTRecall of Order - There was no objection raised by the counsel for the petitioner that such an order could not have been passed - Pursuant to the order the DRT disposed of T.A. No.3/2005; the application seeking review of the orders was filed several months later - No satisfactory explanation was furnished in the said application and this was evident from the perusal of the same - These applications were dismissed by the DRAT - It was noted that the OTS was with regard to both the accounts i.e. O.A. and T.A. - The review application seeking recall of the order was dismissed - this was in terms of the provisions of Order XLVII Rule 9 of the Code - admittedly a second review was not maintainable. It was only the last two aforenoted orders which were the subject matter of challenge before the Court – The challenge was limited and confined only to the parameters and guidelines to be followed by the court while dealing with a review application - There was no fault in either of these orders - Unless and until there was an error apparent on the face of the record or there was a discovery of a new fact which after exercise of due diligence was within the knowledge of the petitioner at the time when the impugned order was passed - no ground for review was made out - Within these parameters the orders suffer from no infirmity - That apart the Court had gone on to examine all the averments made by the petitioner on merits and the earlier order passed by the DRT as also the order of the DRAT also with-stand the test of fairness - On no count does the petitioner deserve any relief – Decided against petitioner.
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