Delhi High Court - Orders
India Awake For Transparency vs Union Of India Through The Secretary ... on 4 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5337/2021 & CM APPL. 21279/2022
INDIA AWAKE FOR TRANSPARENCY ....Petitioner
Through: Mr R. Subramaniam, Adv.
versus
UNION OF INDIA THROUGH THE SECRETARY
DEPARTMENT OF REVENUE ......Respondent
Through: Mr Asheesh Jain, CGSC with
Mr Adarsh Kumar Gupta, Mr
Hussain Taqvi, Govt. Pleader
and Mr Keshav Mann, Advs. for
R-1
Mr Zoheb Hossain, Sr.SC with
Mr Vipul Agrawal, Jr. SC and
Mr Parth Semwal, Jr. SC, for R-
2
Mr Karan Luthra, Ms Aarushi
Tiku and Mr Shravan Niranjan,
Advs. for R-3 to 5
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 04.05.2022 [Physical court hearing/ hybrid hearing (as per request)] CM APPL. 21280/2022
1. Allowed, subject to just exceptions.
CM APPL. 21279/2022[Application filed on behalf of the petitioner for withdrawal of the writ petition]
2. The substantive prayers made in the above-captioned application are as follows:
W.P.(C) 5337/2021 1/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:08.05.2022 00:35:47"a) Permit the Petitioner to withdraw the Writ Petition (C) 5337/2021
b) Consequent to the Writ Petition being withdrawn direct the Registry of the Hon'ble Court to refund to Mr P Sadanand the representative of the Petitioner the sum of Rs 1 Lakh paid in compliance of the order dated 31.08.2021 of this Hon'ble Court"
3. We are told by Mr Karan Luthra, who appears on behalf of the contesting respondents i.e., respondent nos.3 to 5, that similar applications have been moved by Mr R Subramanian, who appears on behalf of the petitioner, for withdrawal of other pending proceedings. 3.1. In this behalf, our attention has been drawn to the order dated 26.04.2022, passed by the co-ordinate bench of this Court in W.P(C) Nos. 8923/2021, 3133/2021 and 3961/2021.
3.2. Mr Luthra, thus, says he would be quite satisfied if a similar order is passed in this application as well. For the sake of convenience, the relevant part of the above-referenced order dated 26.04.2022 is extracted hereafter :
"The learned counsel for the petitioner has drawn our attention to the orders passed by the Supreme Court on 10.03.2022 in Criminal Appeal Nos. 1177-1179/2021 titled Azim Hasham Premji & Anr. v. India Awake For Transparency & Ors. and on 18.04.2022 in Special Leave Petition (C) Diary No(s). 25427/2020 titled India Awake for Transparency v. M/s Hasham Investment and Trading Company Pvt Ltd & Anr. The learned counsel for the petitioner states that the petitioner seeks leave to withdraw the writ petitions in terms of the said orders passed by the Supreme Court. He states that the petitioner instituted the present petitions on an incorrect understanding of facts and legal provisions and consequently, seeks leave to withdraw the present petitions.
The aforesaid statement of the petitioner made through its W.P.(C) 5337/2021 2/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:08.05.2022 00:35:47 counsel, is taken on record and they would remain bound by the same.
In the light of the aforesaid, the petitions are dismissed as withdrawn."
4. Insofar as the second prayer made in the above-captioned application is concerned, Mr Luthra says that he would have no objection if Rs. 1,00,000/- deposited in this Court is returned to Mr P Sadanand, who deposited the said amount in compliance of the Court‟s order dated 31.08.2021.
4.1. It is ordered accordingly.
5. The writ petition is, accordingly, dismissed as withdrawn, in terms of paragraph 3.2 of this order. The statements made by Mr. R. Subramaniam [as recorded therein] will bind him in this matter as well.
6. The Registry will return the amount of Rs.1,00,000/- to Mr P. Sadanand, as prayed for.
7. Consequently, pending application shall stand closed.
RAJIV SHAKDHER, J POONAM A. BAMBA, J MAY 4, 2022/P Click here to check corrigendum, if any W.P.(C) 5337/2021 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:08.05.2022 00:35:47