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Managing Committee Bluebells School ... vs Rajesh Mathews & Ors on 4 September, 2020

Author: Siddharth Mridul

Bench: Siddharth Mridul, Talwant Singh

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+      LPA 220/2020

       MANAGING COMMITTEE BLUEBELLS SCHOOL
       INTERNATIONAL                         ..... Appellant
                   Through: Mr. Rajinder Dhawan, Advocate

                          versus

       RAJESH MATHEWS & ORS.                ..... Respondents
                   Through: Ms. Indrani Ghosh, Advocate for
                            R-1
                            Ms. Vibha Mahajan Seth, Advocate
                            for R-2

       CORAM:
       HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
       HON'BLE MR. JUSTICE TALWANT SINGH
                               ORDER

% 04.09.2020 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic. CM APPL.21594/2020 (Correction of Typographical Error) The present application under Section 151 of the Code of Civil Procedure, 1908 has been instituted on behalf of the applicant/appellant, praying as follows:

a) That the name of the Manager of the School in the supporting affidavits of memo of appeal as well as C.M NO, 20085/2020, 20086/2020, 20087/2020 and 20088/2020 be read as Mrs. Suman Kumar instead of Dr. Suman Kumar and in para 2 of the affidavit word "College" read as "School."

b) Pass such other and further order(s) as may be deem fit and proper in the facts and circumstances to the present case.

Notice.

Ms. Indrani Ghosh, learned counsel accepts notice on behalf of the non-applicant/respondent No.1. Ms. Vibha Mahajan Seth, learned counsel accepts notice on behalf of non-applicant/respondent No.2. Counsel fairly do not oppose the present application.

In view of the foregoing and for the reasons stated in the application, which are duly supported by an affidavit the same is allowed. The applicant/appellant is permitted to correct the typographical error, prayed for in the present application. The name of the Manager of the school in the supporting affidavit of the Memo of Appeal and the CM APPL.20085/2020, 20086/2020, 20087/2020 and 20088/2020 be read as Mrs. Suman Kumar, instead of Dr. Suman Kumar.

With the above directions, the present application is disposed of.

CM APPL.20086/2020 (Additional Documents) The present application under Section 151 of the Code of Civil Procedure, 1908 has been instituted on behalf of the applicant/appellant praying as follows:

a) Grant the leave to place on record the additional documents mentioned above and filed as Annexure A-6 & Annexure A-7 (Colly) of the memo of appeal.

b) Take on record the Additional Documents referred to above filed Annexure A-6 & Annexure A-7 (Colly) filed with memo of appeal

c) Pass such other and further order(s) as may be deem fit and proper in the facts and circumstances of the present case.

Issue notice.

Ms. Indrani Ghosh, learned counsel accepts notice on behalf of the non-applicant/respondent No.1. Ms. Vibha Mahajan Seth, learned counsel accepts notice on behalf of non-applicant/respondent No.2. Counsel fairly do not oppose the present application.

In view of the foregoing and for the reasons stated in the application, which are duly supported by an affidavit, the same is allowed. The additional documents annexed along with the present application as Annexure A-6 and Annexure A-9 (collectively) are taken on record.

The application is disposed of accordingly.

CM APPL.21593/2020 (Additional Documents) The present application under Section 151 of the Code of Civil Procedure, 1908 has been instituted on behalf of the applicant/appellant praying as follows:

"a) Grant the leave to place on record the additional document above and filed as Annexure A-8(a) to 8(d).

b) Take on record the additional documents referred to above and annexed as Annexure A-8(a) to 8(d) to this application.

c) Pass such other and further order(s) as may be deem fit and proper in the facts and circumstances to the present case."

Issue notice.

Ms. Indrani Ghosh, learned counsel accepts notice on behalf of the non-applicant/respondent No.1. Ms. Vibha Mahajan Seth, learned counsel accepts notice on behalf of non-applicant/respondent No.2. Counsel fairly do not oppose the present application.

In view of the foregoing and for the reasons stated in the application, which are duly supported by an affidavit, the same is allowed. The additional documents annexed along with the present application as Annexure A-8 to 8(d) are taken on record.

The application is disposed of accordingly.

LPA 220/2020 & CM APPL.20085/2020 (Stay) Issue notice.

Ms. Indrani Ghosh, learned counsel accepts notice on behalf of the respondent No.1. Ms. Vibha Mahajan Seth, learned counsel accepts notice on behalf of respondent No.2. Counsel pray for time to file replies.

Let the replies be filed within a period of four weeks from today with advance copies to counsel for the appellant, who may file rejoinder thereto, if any, within four weeks thereafter.

List on 02.11.2020.

We do not consider it necessary to issue notice to the Disciplinary Authority, which is arrayed as respondent No.3, in view of the circumstance that the present appeal has been instituted on behalf of the Managing Committee of the Bluebells International School, which is the body superior to the Disciplinary Authority in terms of the Acts and Rules.

Mr. Rajinder Dhawan, learned counsel appearing on behalf of the appellant, without prejudice to his rights and contentions, undertakes to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with the Registrar General of this Court by electronic transfer, within a period of two weeks from today.

Ms. Indrani Ghosh, learned counsel appearing on behalf of Mr. Rajesh Mathews, respondent No.1 herein, states that the said sum deposited LPA 220/2020 Page 4 of 5 on behalf of the appellant be released to the respondent No.1, in view of the exigencies attendant.

Mr. Rajinder Dhawan, learned counsel appearing on behalf of the appellant fairly does not oppose this request made on behalf of respondent No.1.

In the circumstances, the Registry is directed to release the amount of Rs.5,00,000/- (Rupees Five Lakhs only) to be deposited by the appellant with the learned Registrar General of this Court, once the same is received by electronic transfer to Mr. Rajesh Mathews, respondent No.1 herein, subject however to the latter furnishing appropriate security for the same, before the learned Registrar General of this Court, in accordance with law.

Subject to the appellant depositing the said sum of Rs.5,00,000/- (Rupees Five Lakhs only), at the appropriate stage, the operation of the impugned order dated 22.07.2020 shall remain stayed till further orders.

A copy of this order be provided electronically to learned counsel appearing on behalf of the parties and be also uploaded on the website of this Court.

SIDDHARTH MRIDUL, J TALWANT SINGH, J SEPTEMBER 04, 2020/dn Click here to check corrigendum, if any LPA 220/2020 Page 5 of 5