Ex parte orders recalled where stay modification request was not heard on merits, restoring the appeal for fresh consideration.

Ex parte orders passed on 2-1-2003 and 19-3-2003 were recalled because the application for stay modification had not been examined on merits. As no discussion or finding was recorded on the substantive request, the matter required a fresh hearing in the interests of justice. The appeal was restored for reconsideration of the miscellaneous application.

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Issues: Whether the ex parte orders passed on 2-1-2003 and 19-3-2003 should be recalled and the appeal restored for hearing of the application for modification of the stay order.

Analysis: The orders were passed ex parte, and there was no discussion or finding on the merits of the application seeking stay modification. In the interests of justice, the request for modification deserved to be heard.

Outcome: The ex parte orders were recalled and the appeal was restored for fresh hearing of the miscellaneous application.

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