$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2331/2025 AMULYA KUMAR MISHRA & ANR. .....Petitioners Through: Mr. Shiv Vinayak Gupta and Ms. Bina Gupta, Advocates. versus DINESH DUA & ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA O R D E R % 12.12.2025 CM APPL. 77003/2025 (exemption) 1. Allowed, subject to all just exceptions. CM APPL. 77002/2025(recalling of order dated 02.12.2025) 2. Petitioners have filed this application, seeking recall of order dated 02.12.2025 passed by this court. It would be apposite to extract the said order: “1. Petitioners have assailed order dated 08.10.2025 of the learned NCDRC in the execution proceedings arising out of the original jurisdiction. 2. At the very outset, learned senior counsel for respondent no.1 raises an objection regarding maintainability of this petition in view of Section 67 of the Consumer Protection Act. 3. After addressing partly, learned counsel for petitioners on instructions seeks permission to withdraw this petition. 4. Accordingly, the petition and the accompanying applications are dismissed as withdrawn.” 3. Learned counsel for petitioners submits that on 02.12.2025, he got overawed by the presence of the senior counsel from the other side and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 11:19:35 withdrew the petition. It is stated by learned counsel for petitioners that he had no instructions of his clients in this regard. Learned counsel for petitioners seeks to take the entire blame on himself. Therefore, restoration of petition is sought. 4. But, the contents of the application are otherwise. It would be apposite to extract paragraph 3 of the application: “3. Upon hearing the submissions made by the Counsel for the Petitioners, this Hon’ble Court, not being satisfied with the same, asked the Counsel for the Petitioners to withdraw the above-captioned matter and approach the Hon’ble Supreme Court appealing against the said Impugned Order and the Impugned Show Cause Notice, as the present petition was not maintainable under Article 227 or the Constitution of India.” 5. There was no occasion for this court to ask the counsel to withdraw the petition and approach the Supreme Court with appeal. 6. It appears that having stated something else in the application, the learned counsel has addressed something else. 7. Be that as it may, I find no reason to recall order dated 02.12.2025, so the present application is dismissed. GIRISH KATHPALIA, J DECEMBER 12, 2025/ry This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 11:19:35