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Supreme Court - Daily Orders

Mehra Bal Chikitsalaya Evam Navjat ... vs Manoj Upadhyay on 12 March, 2021

Bench: Navin Sinha, Krishna Murari

     ITEM NO.8                    Court 11 (Video Conferencing)             SECTION IV-C

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                   No(s).   4127/2021

     (Arising out of impugned final judgment and order dated 06-11-2020
     in WP No. 8361/2020 passed by the High Court of M.P at Gwalior)

     MEHRA BAL CHIKITSALAYA                     EVAM NAVJAT                  Petitioner(s)
     SHISHU I.C.U.

                                                      VERSUS

     MANOJ                UPADHYAY & ORS.                                    Respondent(s)

     (FOR ADMISSION and I.R. and IA No.34704/2021-EXEMPTION FROM FILING
     O.T.)

     Date : 12-03-2021 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE NAVIN SINHA
                            HON'BLE MR. JUSTICE KRISHNA MURARI


     For Petitioner(s)                  Mr.   Vaibhav Agnihotri, Adv.
                                        Mr.   Dhruv Chawla, Adv.
                                        Mr.   Gaurav Vaid, Adv.
                                        Ms.   Niharika Ahluwalia, AOR

     For Respondent(s)

                             UPON hearing the counsel the Court made the following
                                                O R D E R

We have heard learned counsel for the petitioner. The High Court after having held the writ petition to be maintainable has dismissed the Writ Petition on merits. Despite the attention of the High Court having been drawn to Cicily Kallarackal vs. Vehicle Factory, (2012) 8 SCC 524 without even dealing with or discussing the judgment and the reason for its inapplicability, the Signature Not Verified Digitally signed by Rajni Mukhi Date: 2021.03.13 High 13:37:10 IST Reason: Court has chosen to rely upon decision of Single Judge of ….2/-

- 2 -

Orissa High Court and the Division Bench of the High Court of Andhra Pradesh at Hyderabad to hold that the writ petition was maintainable.

We are of the considered opinion that the writ petition itself was not maintainable in view of Cicily (supra). The Special Leave Petition is dismissed.

     (RAJNI MUKHI)                           (DIPTI KHURANA)
   COURT MASTER (SH)                        COURT MASTER (NSH)