FA No. 50/2005 Hon’ble B.C. Kandpal, J. (Recall/Re-hearing Application No.882/2008) Sri Ramji Srivastava, Advocate for appellant. Sri Alok Mehra, holding brief of Sri Manoj Tiwari, Advocate for respondent no. 1/applicant. Heard Sri Alok Mehra, holding brief of Sri Manoj Tiwari, learned counsel for applicant/respondent no. 1 on Recall Application and perused the affidavit filed in support thereto. The order-sheet in this case clearly indicates that Sri Manoj Tiwari, Advocate could not be provided any opportunity of being heard before the delivery of judgment. I feel in the interest of justice that Sri Manoj Tiwari, learned counsel for applicant/respondent no. 1 should be afforded an opportunity of being heard. I, therefore, recall the judgment and order dated 30.6.2008. List the appeal for hearing on 15th October, 2008 showing the names of counsel for the parties. It is made clear that the case shall not be adjourned on the date fixed on any count. (B. C. K., J.) 05.09.2008 SP