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Delhi High Court - Orders

Lt. Col. Nitisha vs Union Of India & Ors on 5 July, 2022

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait

$~29
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 9827/2022
       LT. COL. NITISHA                                       ..... Petitioner
                           Through:     Mr.Vibhav Mishra, Mr.Ekansh
                                        Bansal & Ms.Juhi Mishra, Advs.

                           versus

       UNION OF INDIA & ORS.                                ..... Respondents
                           Through:     Mr.Harish Vaidyanathan Shankar,
                                        CGSC with Mr.Srish Kumar
                                        Mishra, Mr.Sagar Mehlawat,
                                        Mr.Alexander Mathai Paikaday,
                                        Advs.
                                        Major Partho Kayayan for UOI.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SAURABH BANERJEE
                           ORDER

% 05.07.2022

1. By way of the present petition, petitioner seeks directions to stay the operation of notice A/56301/AG/Ins/Mat/Obsn dated 29.03.2022 and 26.05.2022.

2. Notice issued.

3. Learned counsel accepts notice on behalf of respondent nos.1 to 4 and seeks time to file counter affidavit/short affidavit.

4. Let needful be done within six weeks with an advance copy to the other side. Rejoinder thereto, if any, be filed within four weeks thereafter.

W.P.(C) 9827/2022 Page 1 of 2

5. Learned counsel for respondent nos.1 to 4 submits that Army Group Insurance Fund (AGIF) is a necessary party, however, the petitioner has not impleaded it in the array of parties.

6. At this stage, learned counsel for the petitioner orally prays for impleading AGIF as respondent no.5.

7. On oral submission of counsel for the petitioner, AGIF is hereby impleaded as respondent no.5 in this petition. Let amended memo of parties be filed within a week.

8. On taking steps, let notice be issued to newly added respondent no.5. On receipt of the notice, the said respondent is directed to file counter affidavit within six weeks with an advance copy to the other side. Rejoinder thereto, if any, be filed within four weeks thereafter.

9. Renotify on 12.12.2022.

SURESH KUMAR KAIT, J SAURABH BANERJEE, J JULY 5, 2022/ab W.P.(C) 9827/2022 Page 2 of 2