- (1.) H. L. Gokhale, CJ. Dilip Gupta, J. This Special Appeal seeks to challenge the order dated 5th August, 2004 as well as the order dated 18th December, 2003 passed by a learned Judge of this Court in Writ Petition No. 7937 of 1985. The said writ petition was earlier dismissed in default on 16th July, 2003. The restoration application filed by Sri K. P. Agarwal, learned Senior Counsel on 14th August, 2003 was rejected by a detailed order dated 18th December, 2003 on the ground that a designated Senior Counsel could not have filed this application under his signatures. Subsequently, another recall application was filed by Sri D. C. Tripathi, learned counsel for recalling the order dated 16th July, 2003. This application was rejected as it was unconditionally withdrawn by the learned counsel.
(2.) SRI Ranjeet Asthana, learned counsel appearing for the appellant submitted that the order dated 5th August, 2004 by which the application for recalling the order dated 16th July, 2003 was rejected should be set aside even though he had unconditionally withdrawn the application. We cannot accept this submission. Once the application itself was unconditionally withdrawn by the learned counsel, we cannot permit the applicant to challenge the order dismissing the application as withdrawn in this Special Appeal. As regards the order dated 18th December, 2003, learned counsel for the appellant has not been able to place any provision under which a designated Senior Counsel can be permitted to file the application under his signatures. Such being the position, there is no error in the order dated 18th December, 2003.
(3.) THUS, for the reasons stated above, there is no merit in the Special Appeal. It is, accordingly, dismissed. .;