Supreme Court - Daily Orders
Sharad Yadav vs Ram Chandra Prasad Singh on 31 March, 2022
Bench: D.Y. Chandrachud, Sanjiv Khanna, Surya Kant
SLP(C) 5235/202
1
ITEM NO.18 COURT NO.4 SECTION XIV
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.5235/2022
(Arising out of impugned final judgment and order dated 15-03-2022
in CM No.9607/2022 passed by the High Court of Delhi at New Delhi)
SHARAD YADAV Petitioner(s)
VERSUS
RAM CHANDRA PRASAD SINGH & ORS. Respondent(s)
(With appln.(s) for IA No.43766/2022 - EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT and IA No.43768/2022 - PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 31-03-2022 These matters were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE SURYA KANT
For Petitioner(s) Mr. Kapil Sibal, Sr. Adv.
Mr. Nizam Pasha, Adv.
Mr. Javedur Rahman, AOR
Mr. Aditya Samaddar, Adv.
Mr. Ahmad Ibrahim, Adv.
For Respondent(s) Mr. Sanjay Jain, ASG
Mr. Rajan Kumar Chourasia, Adv.
Mr. Amrish Kumar, AOR
For R-1 Mr. Shivam Singh, Adv.
Signature Not Verified
Mr. Abhinav Singh, Adv.
Digitally signed by Mr. Gopal Singh, Adv.
Chetan Kumar
Date: 2022.03.31
18:29:24 IST
Reason:
SLP(C) 5235/202
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UPON hearing the counsel the Court made the following
O R D E R
1 At the previous hearing, Mr Kapil Sibal, senior counsel appearing on behalf of the petitioner submitted that it may be possible to resolve the matter at this stage if reasonable time is granted to the petitioner to vacate the premises. Mr Sanjay Jain, Additional Solicitor General appearing on behalf of the respondent was granted an adjournment to seek instructions.
2 Mr Kapil Sibal, senior counsel states that having due regard to the fact that the petitioner is in a serious medical condition, the petitioner seeks time until 31 May 2022 to vacate the premises and will file an undertaking to that effect.
3 Mr Sanjay Jain, Additional Solicitor General on the other hand submits that while his instructions are that the petitioner may be granted a week’s time to vacate the premises, at the most the Court may grant time until the end of April 2022.
4 Having heard the learned counsel, we are of the view that the ends of justice would be met, purely on humanitarian grounds, if time to vacate the premises is granted to the petitioner until 31 May 2022, subject to his filing an unconditional undertaking that he shall vacate on or before the said date. The undertaking shall be filed within a week, failing which, the petitioner shall lose the benefit of this order and would be liable to vacate immediately in compliance of the order of the High Court.
5 Since the petitioner has unconditionally undertaken to vacate the premises by 31 May 2022, the Court has had no occasion to express any opinion in these proceedings on the validity of the disqualification of the petitioner or the consequences which may follow from the challenge to the order of disqualification including the claim of the Union of India for the payment of market rent.
SLP(C) 5235/202 3 6 The Special Leave Petition is accordingly disposed of.
7 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (DIPTI KHURANA)
A.R.-cum-P.S. Court Master