Delhi High Court - Orders
Delhi Technical University vs Mr Chander Shekhar on 25 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~20 & 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 9/2023 & CM APPL. 268/2023
DELHI TECHNICAL UNIVERSITY ..... Petitioner
Through: Ms. Avnish Ahlawat, Standing
Counsel with Ms. Tania Ahlawat, Mr.
Nitesh Kumar Singh, Ms. Palak
Rohmetra, Ms. Laavanya Kaushik
and Ms. Aliza Alam, Advocates
versus
MR CHANDER SHEKHAR ..... Respondent
Through: Mr. Avniash Trivedi and Mr. Anurag
Kaushik, Advocates
21
+ CM(M) 19/2023 & CM APPL. 554/2023
DELHI TECHNICAL UNIVERSITY ..... Petitioner
Through: Ms. Avnish Ahlawat, Standing
Counsel with Ms. Tania Ahlawat, Mr.
Nitesh Kumar Singh, Ms. Palak
Rohmetra, Ms. Laavanya Kaushik
and Ms. Aliza Alam, Advocates
versus
MRS CHANDER PRABHA ..... Respondent
Through: Mr. Avniash Trivedi and Mr. Anurag
Kaushik, Advocates
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 25.05.2023 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 07:30:06 [ The proceeding has been conducted through Hybrid mode ]
1. Following the ratio laid down by the Hon'ble Supreme Court in Shiv Shakti Coop. Housing Society vs. M/s Swaraj Developers and Ors.' reported in (2003) 6 SCC 659, this Court has taken a consistent view that the dismissal of an application under Order VII Rule 11 CPC, 1908 is not maintainable under Article 227 of the Constitution of India and the petitioner needs to take its remedy elsewhere.
2. Learned counsel seeks leave to withdraw the petitions with liberty to challenge the impugned order by way of an appropriate remedy.
3. In view of the above, the petitions are dismissed as withdrawn with the aforesaid liberty so sought granted.
TUSHAR RAO GEDELA, J MAY 25, 2023 Aj This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 07:30:06