Delhi High Court - Orders
Seema Mehta vs Gnct Of Delhi And Ors on 13 October, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 10708/2019
SEEMA MEHTA ..... Petitioner
Through Mr. Sunil Kumar, Advocate.
versus
GNCT OF DELHI AND ORS. ..... Respondents
Through Ms. Latika Chaudhary, Advocate for
R-1.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 13.10.2020 Hearing has been conducted through Video Conferencing. CM No. 25821/2020 This is an application filed on behalf of the Petitioner under Order IX Rule IV read with Section 151 CPC for setting aside the order dated 13.03.2020, whereby the petition was dismissed in default.
Mr. Sunil Kumar learned counsel for the Petitioner submits that due to the outbreak of Pandemic Covid-19 and an Advisory issued by the Delhi High Court Bar Association on 11.03.2020, he did not appear on 13.03.2020 and the petition was dismissed in default. He submits that it is a settled law that the clients should not suffer for the fault of the lawyer.
Issue notice.
Ms. Latika Chaudhary, Advocate accepts notice on behalf of Respondent No. 1.
I have perused the contents of the application as well as the order passed on 13.03.2020.
The order sheets indicate that there was no appearance on behalf of the Petitioner even on 09.10.2019, despite the matter having been passed over.
In view of the above, the application is allowed subject to the Petitioner paying a cost of Rs. 5,000/- to the Advocates Welfare Fund within a period of one week from today.
Writ petition is restored to its original number. W.P. (C) 10708/2019 By way of the present writ petition the Petitioner seeks reimbursement of the medical bills/claims which are still pending with the Respondent No.1.
Issue notice.
Ms. Latika Chaudhary, Advocate accepts notice on behalf of Respondent No. 1 and seeks a period of four weeks to file counter affidavit.
Let counter affidavit be filed within a period of four weeks from today. Rejoinder, if any, be filed before the next date of hearing.
Issue notice to Respondent Nos. 2 & 3 returnable on 29.01.2021. Petitioner is at liberty to serve Respondent Nos. 2 & 3 through electronic mode.
JYOTI SINGH, J OCTOBER 13, 2020/yo