Government Of Nct Of Delhi vs Ajay Kumar Gupta on 30 September, 2022

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Supreme Court - Daily Orders

Government Of Nct Of Delhi vs Ajay Kumar Gupta on 30 September, 2022

Bench: J.K. Maheshwari

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                                         IN THE SUPREME COURT OF INDIA

                                         CIVIL APPELLATE JURISDICTION

                                         CIVIL APPEAL NO.       OF 2022
                                           (@SLP (C) No.     OF 2022)
                                           (@DIARY No. 11119 OF 2021)



     GOVERNMENT OF NCT OF DELHI                                         .....            APPELLANT

                                            VERSUS

     AJAY KUMAR GUPTA & ORS                                             .....        RESPONDENTS



                                                    O R D E R

Delay condoned.

Leave granted.

Respondent nos. 1, 2 and 3 have been served, but none has appeared on their behalf. The respondent nos.1, 2 and 3 are proceeded ex parte.

In view of the decision of this Court in the case of “Indore Development Authority vs. Manohar Lal & Ors.”, (2020) 8 SCC 129, we set aside the impugned order and an order of remit is passed, with the request to the High Court to decide the Writ Petition (C) No. 2598 of 2015 afresh, after taking due consideration and applying the law and on evaluation of the facts as alleged and documents relied by the parties.

To cut short the delay, the parties are directed to appear Signature Not Verified before the High Court on 10.11.2022, when a date of hearing would Digitally signed by BABITA PANDEY Date: 2022.10.01 15:07:53 IST be fixed. In case of absence of any party, court notice of default Reason: would be issued.

The appeal is allowed and disposed of in the aforesaid terms. Pending application(s), if any, stand disposed of.

..................J. (SANJIV KHANNA) ..................J. (J.K. MAHESHWARI) NEW DELHI;

SEPTEMBER 30, 2022.

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ITEM NO.47                 COURT NO.11                 SECTION XIV

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11119/2021 (Arising out of impugned final judgment and order dated 14-07-2015 in WPC No. 2598/2015 passed by the High Court of Delhi at New Delhi) GOVERNMENT OF NCT OF DELHI Petitioner(s) VERSUS AJAY KUMAR GUPTA & ORS. Respondent(s) (IA No. 70928/2021 - CONDONATION OF DELAY IN FILING IA No. 70929/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 70930/2021 - EXEMPTION FROM FILING O.T.) Date : 30-09-2022 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Ms. Sujeeta Srivastava, AOR Ms. Chembugari Abheeshna, Adv.

For Respondent(s) Mr. Ashwani Kumar, AOR UPON hearing the counsel, the Court made the following O R D E R Delay condoned.

Leave granted.

The appeal is allowed and disposed of in terms of the signed order.

Pending application(s), if any, stand disposed of.

(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)

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