Full Text
HIGH COURT OF DELHI
LPA 921/2024 & CM APPL. 53366/2024, CM APPL.53367/2024, CM APPL. 53368/2024, CM APPL. 53369/2024
M/S KEYA FOODS .....Appellant
Through: Mr. Akshat Bajpai, Mr. Ishanee Sharma, Mr. Shobhit Trehan, Ms. Renuka Parmanand and Ms. Vedika Dalmai, Advocates
Through: None
Date of Decision: 12th September, 2024
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
1. Present appeal has been preferred under Clause X of the Letters Patent Act, 1866 assailing the judgement dated 3rd September, 2024 whereby the learned Single Judge has dismissed the underlying Writ Petition bearing W.P.(C) No. 6659/2024, by following the judgement passed of this Court in Hani Khatoon vs. Union of India & Ors, 2024 SCC OnLine Del 5425 and granted only ten (10) days’ time to the appellant to vacate the subject stall.
2. It is relevant to note that an appeal arising from the order of the learned Single Judge on 29th May, 2024 in W.P.(C) No. 16178/2023 “M/s Veer & Company Graduate Partnership Concern Through Deepak Jain General Power of Authority Holder vs. Union of India Ministry of Railway Board &Ors.” was heard and dismissed by this Court on 9th August, 2024 being LPA No. 770/2024 “M/s Veer & Company Graduate Partnership Concern & Anr. vs. Union of India & Ors”. It has been brought to this Court’s notice that the said order dated 9th August, 2024 was challenged by way of a Special Leave Petition (for short ‘SLP’) being SLP(C) NO. 19229/2024 captioned “M/s S Veer & Company Graduate Partnership Concern & Anr. vs. Union of India & Ors.”. The said SLP was disposed of allowing extension of four (4) months on account of dies non period subject to filing of an undertaking within a period of four (4) weeks.
3. Keeping in view the fact that we had, in the other similar appeals, passed suitable directions, we consider it appropriate not to interfere with the impugned order in the peculiar situation which has arisen. Thus, in these circumstances, we feel it is expedient and in the interests of justice to allow the present appeal in terms of the Supreme Court order dated 27th August, 2024 in SLP(C) No. 19229/2024.
4. The order dated 27th August, 2024 passed in SLP(C) No. 19229/2024 “M/s S Veer & Company Graduate Partnership Concern & Anr. vs. Union of India & Ors.” is reproduced hereunder:- “1. Heard the learned counsel appearing for the respective parties.
2. We are not inclined to interfere with the impugned judgment and order passed by the High Court. We however extend the time granted by the learned Single Judge of the High Court in its order dated 29.05.2024 by four months from today. All the allottees shall vacate and handover the vacant possession of the stalls in question before the expiry of four months subject to filing of the usual undertaking before the Registry of this Court within four weeks from today.
3. Accordingly, the Special Leave Petition is disposed of.
4. Pending application(s), if any, shall stand disposed of.”
5. Learned counsel appearing for the appellant states that similar directions as above be passed in the present appeal too, since it raises the same issue.
6. After having heard the learned counsel and in deference to the order of the Supreme Court dated 27th August, 2024, in SLP(C) No. 19229/2024 “M/s S Veer & Company Graduate Partnership Concern & Anr. vs. Union of India & Ors.”, this Court finds no ground to interfere with the impugned order, but grants four (4) months extension from today to the appellant to vacate its stall in question subject to filing of an affidavit of undertaking by the appellant to the effect that it will vacate its stall within the aforesaid extension/time so granted with the Registrar General of this Court within four (4) weeks from today.
7. In view of the aforesaid, the present appeal along with pending applications is disposed of with no order as to costs.
ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J SEPTEMBER 12, 2024