Allowed

South Delhi Municipal Corporation v. Charan Singh Bhati and Ors.

Delhi HC8 Aug 2016W.P.(C)/6855/2016

Case brief

AI extract

What is this about?

The High Court of Delhi reviewed its earlier order dismissing a writ petition on delay grounds. Noting pending related litigation and interim stays, the court allowed the review of the appeal against the single judge's order. Notice was issued to return on a specified date.

What did the court decide?

Review application against the dismissal order on delay was allowed; notice issued for return on 28.07.2017.

South Delhi Municipal Corporation Vs Charan… — Public Procurement and Tenders | Delhi HC (2016)

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6855/2016

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SOUTH DELHI MUNICIPAL CORPORATION ..... Appellant Through: Mr. R.L. Goel and Ms Anju Gupta, Advs.

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Versus

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CHARAN SINGH BHATI & ORS. ..... Respondents Through: Mr. Shadan Farasat and Mr. Ahmed Said, Advs. for Resp./ GNCT of Delhi.

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CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R % 05.07.2017

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CM No. 20994/2017 (Exemption)

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Allowed subject to all just exceptions.

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Review Petition 237/2017 & CM Nos. 20992/2017 (condonation of delay of 260 days) & 20993/2017 (Stay)

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The petitioner/ review petitioner has brought to the notice of the Court an order dated 14.03.2016 passed in WP(C) No. 2097/2016, which reads as under:

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“..... Counsel for the petitioner submits that these matters also pertain to the issue of Washing Allowance and raise issues identical to those raised in WP(C) 8812/2007, as well as WP(C) 8097/2015, 8099/2015, 8100/2015, 8105/2015, 8112/2015, 8113/2015, 8114/2015, 8366/2015, 8367/2015 and 8368/2015. He also states that the aforesaid batch of the matters are pending adjudication before the Bench of Hon’ble V.P. Vaish, J., where WP(C) 8812/2007 has been directed to be treated as the lead matter.

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Under the circumstances, list these matters also before

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the Bench of Hon’ble V.P. Vaish, J., on 1^st April, 2016.

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Counsel for the petitioner has also brought to the notice of this Court interim orders passed on 10.12.2007 in WP(C) 8812/2007, i.e., the lead matter in this case, whereby further recovery was stayed on terms.

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Consequently, and as prayed, further recovery in this matter is also stayed till the next date of hearing and the petitioner is directed to go on paying the Washing Allowance in the sum of Rs. 30/- per month to the workmen.....”

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This and related orders annexed to the Review Petition were not adduced with the writ petition nor were they brought to the Court’s notice when the writ petition was dismissed on the ground of inordinate and unexplained delay of over a decade.

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In view of the fact that the lead case i.e. WP(C) No. 8812/2007 is still pending and interim orders have been passed apropos subsequent petitions filed by the petitioner, the Court is inclined to review its order dated 08.08.2016.

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Issue notice.

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Mr. Shadan Farasat accepts notice for the respondent/ GNCT of Delhi. Issue notice to the unserved respondents through all modes, dasti as well, returnable on 28.07.2017.

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Dasti under the signatures of the Court Master.

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NAJMI WAZIRI, J.

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JULY 05, 2017/ kk

South Delhi Municipal Corporation v. Charan Singh Bhati and Ors.

Case brief

What is this about?

What did the court decide?

South Delhi Municipal Corporation v. Charan Singh Bhati and Ors.

Case brief

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What did the court decide?

What the court decided

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