Recall of order for lack of notice where a direction affecting arrest was passed without hearing the concerned respondent

An earlier direction granting opportunity for necessitating arrest was recalled because no notice had been served on the concerned respondents' counsel before that part of the order was passed. Since the absence of notice was not disputed, the court treated the lack of prior hearing as sufficient cause to recall only the specific portion affected. The remaining part of the earlier order was left intact, and the recall application was disposed of accordingly.

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Issues: Whether the earlier order, to the extent it granted opportunity for necessitating arrest, was liable to be recalled for want of notice to the concerned respondent.

Analysis: The recalled portion was challenged on the ground that no notice had been given to the counsel for the concerned respondents before that direction was passed. The asserted fact was not disputed. In these circumstances, the absence of notice justified recalling the specific part of the earlier order.

Conclusion: The order dated 10.3.2017 was recalled to the extent it granted opportunity for necessitating arrest, and the recall application was disposed of.

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