2008 (4) TMI 138

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..... ground for recall/modification of the order – moreover, applicant had filed Writ Petition challenging the order dated 15-11-2007 in the HC which they later withdrew – application for modification of order is dismissed - ST/479/2007 - ST/63/2008-(PB), - Dated:- 23-4-2008 - Justice S.N. Jha, President and M. Veeraiyan, Member (T) Shri S. Upadhyay, Advocate, for the Appellant. Shri R.K. .....

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..... hich passed the other order dated 9-1-2008. In all fairness, the concerned appellant should have done so, so that a similar order could be passed in the other case. We are of the view that a subsequent order by a collateral Bench cannot be a ground for recall/modification of the order. It is relevant to mention here that the applicant had filed Writ Petition challenging the order dated 15-11-2007 .....

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