Delhi High Court - Orders
Tirupati Balaji Education Trust & Anr vs Union Of India & Ors on 20 February, 2019
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1776/2019
TIRUPATI BALAJI EDUCATION TRUST & ANR
..... Petitioners
Through: Mr. Sudhir Nandrajog, Sr. Adv.
with Ms. Devyani Asma and
Mr. Utsav Jain, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC
for R-1/UOI
Mr. T. Singhdev, Ms. Puja
Sarkar, Mr. Tarun Verma,
Ms. Biakthansangi Das,
Ms. Amandeep Kaur and
Mr. Abhijit, Advs. for R-2/MCI
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 20.02.2019 CM No. 8284/2019 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 1776/2019
3. Mr. T. Singhdev, learned counsel appearing for the MCI vociferously contends that this writ petition is an abuse of process of Court and amounts to forum shopping as the petitioner is selectively moving petitions before the High Court of Rajasthan and this Court. He emphatically submits that the High Court of Rajasthan in its order dated 15th February, 2019 has permitted the petitioner to move an appropriate forum, but that authority could not be used as a vehicle to move this Court in the present writ petition, withdrawing the proceedings before the Rajasthan High Court.
4. Keeping the said objections alive, issue notice on the writ petition to the respondents to file a response to the writ petition within a period of four weeks with advance copies to the petitioner who may file rejoinder thereto, if any, within two weeks thereof.
5. Mr. T. Singhdev accepts notice on behalf of Respondent No.2.
6. Renotify on 22nd April, 2019.
CM No. 8283/2019 (for interim relief)
7. Issue notice to the respondents to file a reply to this application within two weeks with advance copy to the petitioner who may file rejoinder thereto, if any, within one week thereof.
8. List the application for hearing and disposal on 11 th March, 2019.
9. It is clarified that the issue of territorial jurisdiction and the preliminary objection advanced by Mr. T. Singhdev shall also be taken up for consideration when the application is decided.
FEBRUARY 20, 2019/kr C.HARI SHANKAR, J