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Delhi High Court - Orders

Central Board Of Secondary Education vs Prema Evelyn D Cruz And Anr on 18 May, 2023

Author: Satish Chandra Sharma

Bench: Chief Justice, Subramonium Prasad

                                    $~8
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           LPA 171/2023
                                                CENTRAL BOARD OF SECONDARY EDUCATION..... Appellant
                                                                                      Through:                 Mr. M A Niyazi, Standing Counsel
                                                                                                               for CBSE with Ms. Anamika Ghai
                                                                                                               Niyazi, Ms. Kirti Bhardwaj, Ms.
                                                                                                               Nehmat Sethi, Mr. Arquam Ali,
                                                                                                               Advocates

                                                                                      versus

                                                PREMA EVELYN D CRUZ AND ANR                                                      ..... Respondents
                                                                                      Through:                 Mr. Rony John, Advocate

                                                CORAM:
                                                HON'BLE THE CHIEF JUSTICE
                                                HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                                                      ORDER

% 18.05.2023 CM APPL. 11493/2023

1. This application has been filed by the Appellant seeking condonation of delay of 98 days in filing the present appeal.

2. An Affidavit has also been filed along with the application and it has been stated in the said affidavit that the appeal could not be filed on time because of the ill-health of the Standing Counsel for CBSE who had to underwent two surgeries, one on 12.01.2023 & the other on 08.02.2023. It is stated that post surgery, the Counsel was advised bed rest for six weeks and in those circumstances the appeal could not be filed on time.

3. Learned Counsel for the Respondents has strongly opposed the LPA 171/2023 Page 1 of 2 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 24/09/2023 at 12:45:26 present application.

4. The delay is only of 98 days. Accordingly, for the reasons stated in the application, the same is allowed.

LPA 171/2023, CM APPLs. 11492/2023,& 11494/2023

5. Admit.

6. List in due course.

7. Interim Order to continue.

SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J MAY 18, 2023 Rahul LPA 171/2023 Page 2 of 2 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 24/09/2023 at 12:45:26