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Siddhant Batra vs The Director Indian Institute Of ... on 9 December, 2020

Bench: Sanjay Kishan Kaul, Dinesh Maheshwari, Hrishikesh Roy

                                                 1

     ITEM NO.8                Court 6 (Video Conferencing)              SECTION IX

                               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).    14538/2020

     (Arising out of impugned final judgment and order dated 23-11-2020
     in WPL No. 6536/2020 passed by the High Court Of Judicature At
     Bombay)

     SIDDHANT BATRA                                                  Petitioner(s)

                                     VERSUS
     THE DIRECTOR INDIAN INSTITUTE OF TECHNOLOGY
     (IIT) BOMBAY & ORS.                                             Respondent(s)

     (FOR ADMISSION and I.R. and IA No.123332/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     Date : 09-12-2020 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                         HON'BLE MR. JUSTICE DINESH MAHESHWARI
                         HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)             Mr. Basava Prabhu S Patil, Sr. Adv.
                                   Mr. Nikhil Skhardande, Sr. Adv.
                                   Ms. Pratiksha Sharma, AOR
                                   Mr. Pralhad Paranjape, Adv.
                                   Mr. Kunal Kanungo, Adv.
                                   Mr. Ankit Acharya, Adv.
                                   Mr. Manish Kelkar, Adv.
                                   Mr.Rahul Punjabi, Adv.

     For Respondent(s)             Mr. Sonal Jain, AOR
                                   Mr. Arjun Mitra, Adv.
                                   Mr. Ishkaran Singh, Adv.

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

Application for exemption from filing c/c of the impugned judgment is allowed.

Leave granted.

Charanjeet kaur Date: 2020.12.09 18:46:35 IST Reason: Heard learned counsel for parties. Learned counsel for the respondents has drawn  2 our attention to Rule 46 to submit that the appellant had frozen his seat as per the said Rule and completed the process. He has then drawn our attention to Chapter XXIII which is the Withdraw Option to state that all the processes as envisaged in Rules 56 to 59 have been completed by him and that he would file an affidavit with annexure setting out how the respondents have completed the process.

Counter affidavit be filed within three days. Rejoinder affidavit, if any, within two days thereafter.

We may note that as per the learned counsel for the appellant the screenshot of the withdrawal letter at Annexure P-6 would show that the reason for withdrawal was that he had already got a seat which is in question and that is also the reason why he would not like to pursue it next year. The withdrawal is stated to be thus an apparent mistake.

List in the reopening miscellaneous week after the winter recess.

In the meantime, by interim order, we direct that the petitioner should be permitted to join the respondent-institution and pursue his course subject to fulfillment of all other formalities. (CHARANJEET KAUR) (ANITA RANI AHUJA) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR