Delhi High Court - Orders
Mohd Inamul Haque vs Hamdard Public School And Ors on 29 January, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7461/2017
MOHD INAMUL HAQUE ..... Petitioner
Through: Mr. Javed Ahmad and Ms. Aakriti
Aditya, Advocates.
versus
HAMDARD PUBLIC SCHOOL AND ORS ..... Respondent
Through: Mr. K.V. Sriwas Narayanan,
Advocate for R-1 and R-2.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 29.01.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 51082/2023 (for recall of order dated 26.09.2023 and restoration of the writ petition)
1. This is an application under Order IX Rule 9 read with Section 151 CPC, 1908 seeking recall of the order dated 26.09.2023, whereby the present writ petition was dismissed in default and for non- prosecution.
2. Mr. Javed Ahmed, learned counsel appearing for the applicant/ petitioner submits that when the matter was called on 26.09.2023, he was on his legs in Court No.27 at that relevant time and as such, was unable to present himself.
3. He submits that the present application was moved immediately on 29.09.2023 and there has been no wilful or deliberate delay in filing application seeking restoration.
4. In view of the reasons stated, the application is allowed.
5. The writ petition is restored to its original number.
6. The application is disposed of.
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 31/01/2024 at 22:24:03 W.P.(C) 7461/2017
7. Learned counsel appearing for the respondent No.1 submits that the counter affidavit has already been filed. Upon perusal of the records, it appears that the counter affidavit is not on record.
8. The same be placed on record by the learned counsel within two weeks from today.
9. Mr. Javed, learned counsel submits that he has already filed a rejoinder to the counter affidavit of the respondents, however, the same is not on record.
10. Mr. Javed is also requested to ensure that the rejoinder is on record before the next date of hearing.
11. Mr. Javed submits that in view of the dismissal in default of the writ petition, the respondents are not permitting the petitioner to join services, which were hitherto before being continued by virtue of the order dated 25.08.2017 and requests that the same be continued even now.
12. In view of the fact that this Court had directed a status quo as to the status of the service of the petitioner to be maintained as on 25.08.2017, and the same had continued without any interruption till date, there is no reason or impediment as to why it should not be restored. The status of the service of the petitioner is resurrected in terms of the order dated 25.08.2017.
13. List the matter for final disposal on 09.07.2024.
TUSHAR RAO GEDELA, J JANUARY 29, 2024/nd 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 31/01/2024 at 22:24:03