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Delhi High Court - Orders

Union Of India And Anr vs Meenu S Kumar on 27 May, 2020

Author: Siddharth Mridul

Bench: Siddharth Mridul, Talwant Singh

$~1
*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 8540/2017

       UNION OF INDIA AND ANR.                  .....Petitioners
                     Through:  Mr. Ashish Verma, Advocate

                          versus

       MEENU S KUMAR                                    ......Respondent
                   Through:            Mr. Rohan Jaitley, Advocate with
                                       Mr. Akshay Sharma, Advocate



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

% 27.05.2020 The present matter has been taken-up for hearing by way of Video- Conferencing on account of lockdown due to COVID-19. CM APPL. 11411/2020 (Exemption) Exemption allowed, subject to all just exceptions. The application is disposed of accordingly. CM APPL. 11414/2020 (Exemption) The present application under Section 151 of the Code of Civil Procedure, 1908, has been filed on behalf of the applicants/petitioners, seeking exemption from filing duly attested affidavits in support of the W.P.(C) 8540/2017 Page 1 of 3 accompanying applications and review petition and to pay the requisite court fees.

For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicants/petitioners are allowed to file the duly attested affidavits within a period of one week after the lockdown is over. Further, the applicants/petitioners are allowed to file the requisite court fee within 78 hours after the lockdown is over.

With the above directions, the present application is disposed of. CM APPL. 11412/2020 (Condonation of Delay) The present application under Section 151 of Code of Civil Procedure, 1908, has been instituted on behalf of the applicants/petitioners seeking condonation of delay of 131 days in filing the present review petition against the judgment and order dated 10.12.2019.

Issue notice.

Mr. Rohan Jaitley, learned counsel accepts notice on behalf of the non-applicant/respondent and fairly does not oppose the 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 delay of 131 days in filing the accompanying review petition is condoned.

The present application is disposed of accordingly. REVIEW PET. 103/2020 & CM APPL. 11413/2020 (Stay) The instant review petition under Order XLVII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 has been instituted on behalf of the review petitioner seeking review of the judgment and order dated 10.12.2019 passed by this Court in W.P.(C) No.8540/2017.

Issue notice.

W.P.(C) 8540/2017 Page 2 of 3

Mr. Rohan Jaitley, learned counsel accepts notice on behalf of the respondent.

A perusal of the grounds elaborated in the review petition shows that it is asserted on behalf of the Union of India that the findings arrived at in the impugned order dated 10.12.2019 are erroneous, as is the reasoning predicated on which the writ petition instituted on behalf of the Petitioners came to be dismissed.

The above, in our respectful view, is no ground for review of the said order dated 10.12.2019.

In view of the foregoing, the present review petition is mis- conceived and is accordingly dismissed. The pending application also stands disposed of.

A copy of this order be uploaded on the website of this court forthwith.

SIDDHARTH MRIDUL, J TALWANT SINGH, J MAY 27, 2020 dn W.P.(C) 8540/2017 Page 3 of 3