Allowed

Gabriel Michael Scarvelli v. Foreigners Regional Registration Office & Anr.

Delhi HC26 Sept 2024LPA/934/2024

Case brief

AI extract

What is this about?

This order considers an application under Section 151 CPC extending the time to file an Exit Permit. The Delhi High Court granted a four-week extension based on medical evidence indicating the appellant's unsuitability for air travel post-surgery.

What did the court decide?

Extension of time for filing Exit Permit granted by four weeks, application disposed of.

Gabriel Michael Scarvelli Vs Foreigners Regional… — Service and Employment | Delhi HC (2024)

¶1

$~37

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

LPA 934/2024 GABRIEL MICHAEL SCARVELLI .....Appellant Through: Mr.Shrikant Samantara, Advocate.

¶4

versus

¶5

FOREIGNERS REGIONAL REGISTRATION OFFICE & ANR.

¶6

.....Respondents Through: Mr.Asheesh Jain, CGSC with Ms.Pooja Bhardwaj, Advocate for R- 1 & 2.

¶7

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

¶8

O R D E R % 05.11.2024

¶9

C.M.No.64683/2024

¶10

Present application has been filed on behalf of the appellant under Section 151 CPC seeking extension of time for filing the Exit Permit on the ground of medical condition of the appellant.

¶11

Learned counsel for the applicant-appellant states that the appellant is unable to apply for an Exit Permit as the appellant had suffered a heart attack and undergone stent surgery on 27^th February, 2024, by which appellant got three coronary stents and is currently under medication and is not fit to fly to his home country, i.e., Australia.

¶12

He states that the appellant was diagnosed for critical double vessel disease and other ailments as well. He submits that the appellant is apprehensive that if he would apply for an Exit Permit immediately and fly

¶13

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 03/07/2025 at 01:31:10

¶14

to his home country, i.e., Australia, it would endanger his life.

¶15

He states that in view of the abovementioned condition of the appellant, the appellant had moved a similar application being C.M.No.64024/2024, which was disposed of by this Court vide order dated 29^th October, 2024. He states that accordingly the appellant got himself examined from a cardiologist on 30^th October, 2024 to see whether he is fit to fly to his home country, i.e., Australia.

¶16

He states that the cardiologist has opined that the appellant, based on his latest blood reports and regular examination, should take rest for a month along with dietary restrictions and currently he is not fit to fly and has been further asked to visit the cardiologist after fourteen days for a review.

¶17

Keeping in view the averments in the application as well as the medical certificate filed along with the application, the time for filing the Exit Permit is extended by four weeks from today.

¶18

Accordingly, the application stands disposed of.

¶19

MANMOHAN, CJ

¶20

TUSHAR RAO GEDELA, J

¶21

NOVEMBER 5, 2024 KA

¶22

This is a digitally signed order.

¶23

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 03/07/2025 at 01:31:10

Gabriel Michael Scarvelli v. Foreigners Regional Registration Office & Anr.

Case brief

What is this about?

What did the court decide?

Gabriel Michael Scarvelli v. Foreigners Regional Registration Office & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhatia Estates Pvt. Ltd. Vs Govt of NCT Delhi & Anr.

Deepak Agarwal Vs Govt. of NCT of Delhi through Chief Fire Officer & Ors. & Ors.

Anand Mishra Vs National Highway Authority of India

Ashwini Kumar Upadhyay Vs Union of India & Ors.

Shabana Hussain Vs University of Delhi through Its Vice-Chancellor & Ors.

Sama Jahan @ Shama Parveen Vs Govt of NCT of Delhi & Anr.