Dismissed
Ashish Negi v. Nikhil Anand & Ors.
Delhi HCCM(M)/1182/2018
Case brief
from the order text
What is this about?
HIGH COURT OF DELHI AT NEW DELHI + CM(M)…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CORAM: HON'BLE MR. JUSTICE I.S.MEHTA O R D E R % 01.11.2018
CM APPL.40308/2018
Exemption granted, subject to all just exceptions.
Application stands disposed of.
CM(M) 1182/2018
Notice. Mr. Pankaj Singh Thakur, Advocate accepts notice on behalf of R-3.
Counsel for the petitioner has drawn the attention of this Court to the order dated 03.04.2018, passed by the learned Tribunal, wherein it is stated that the petitioner shall not be entitled to any interest on the claimed amount for the period during which the matter remained sine die. He has further submitted that the matter was adjourned sine die by the learned Tribunal on its own and prays that the impugned order dated 03.04.2018 be set aside.
Learned counsel for the respondent has pointed out that the claimant did not file the disability certificate in proper time and because of this reason, the matter was lingering on for four years before the learned Tribunal and, therefore, the impugned order was rightly passed by the Court below.
Keeping in view the submissions of learned counsel for the petitioner and in view of the fact that since the application seeking restoration of the claimed petition was allowed by the learned Tribunal, therefore, there would not be any change in character of the petition. Consequently, the order dated 03.04.2018 is set aside.
A copy of this order be sent to the Court below forthwith for necessary compliance.
With aforesaid directions, this petition is disposed of.
Copy of this order be given dasti under the signatures of Court Master.
I.S.MEHTA, J
NOVEMBER 01, 2018 nd
1 issue framed by the court
Whether the order dated 03.04.2018 of the Tribunal depriving the petitioner of interest should be set aside.
Ashish Negi
Nikhil Anand & Ors.
I.S. Mehta
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court