Delhi High Court - Orders
Master Akshat Jain Through Father Mr. ... vs Bhai Parmanand Vidya Mandir And Ors on 9 February, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3330/2022
MASTER AKSHAT JAIN THROUGH FATHER MR.
DEEPAK JAIN AND ORS ..... Petitioners
Through: Mr. Khagesh B. Jha and Ms.
Shikha Sharma Bagga, Advocates.
versus
BHAI PARMANAND VIDYA MANDIR AND ORS
..... Respondents
Through: Mr. Kamal Gupta, Mrs. Tripti
Gupta, Mr. Sparsh Aggarwal, Ms. Kriti
Gupta, Mr. Manish Vashist and Mr. Nikhil
Kukreja, Advs.
Mr. Arun Birbal and Mr. Sanjay Singh,
Advs. for DDA
Mr. S.D. Hooda and Mr. Aayushman Aeron,
Adv. for R-5/CAG
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 09.02.2024
1. The counter affidavit to this writ petition stands filed by Respondents 1 2, 3 and 5.
2. The DDA/Respondent 4 seeks and is granted a further and final opportunity of two weeks to file counter affidavit with advance copy to learned Counsel for the petitioner.
3. Responses/rejoinders to the counter affidavit, if any, to be filed at least three days in advance of the next date of hearing.
W.P.(C) 3330/2022 Page 1 of 3This 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 12/02/2024 at 23:14:12
4. Mr. Kamal Gupta, learned Counsel for Respondents 1 and 2, objects to the counter affidavit having been filed by respondent 5/CAG, on the basis of order dated 1 December 2022, particularly para 5 thereof.
5. The said para reads thus:
"5. In view of the above, the learned counsel for respondent no. 5 states that he do not wish to file any counter affidavit and submits that the respondent no. 5 be deleted from the array of parties. This prayer of respondent no. 5 is opposed by the learned counsel for the petitioner."
6. I do not find any absolute proscription on Respondent 5 filing a counter affidavit in para 5 of the order dated 1 December 2022. The order only records the statement of learned Counsel for Respondent 5 /CAG that he did not desire to file a counter affidavit and sought to be deleted from the array of parties. It also records the opposition of the petitioner to the prayer of Respondent 5.
7. Inasmuch as the prayer of the Respondent 5 was opposed by the petitioner, it cannot be said that Respondent 5 was proscribed from filing a counter affidavit. As such, the objection of Mr. Gupta to the counter affidavit of Respondent 5 to be filed is rejected.
8. For the purpose of completion of pleadings, all parties are directed to obtain electronic copies of the record by providing pen drives to the Court Master.
W.P.(C) 3330/2022 Page 2 of 3This 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 12/02/2024 at 23:14:12
9. Re-notify for disposal on 4 April 2024.
10. No extension of time for filing of counter affidavit or rejoinder shall be granted.
C. HARI SHANKAR, J.
FEBRUARY 9, 2024 dsn Click here to check corrigendum, if any W.P.(C) 3330/2022 Page 3 of 3 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 12/02/2024 at 23:14:13