Sarbaj Singh v. Union of India & Ors.

Delhi High Court · 28 Apr 2023 · 2023:DHC:2898-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 2942/2023
2023:DHC:2898-DB
civil other

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The Delhi High Court granted respondents three weeks to file a delayed counter-affidavit with a conditional cost penalty for non-compliance, balancing procedural fairness and judicial efficiency.

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2023:DHC:2898-DB
W.P.(C) 2942/2023
HIGH COURT OF DELHI
W.P.(C) 2942/2023
SARBRAJ SINGH ..... Petitioner
Through: Mr. Abhay Kumar Bhargava & Mr. Satyarth S, Advocates.
VERSUS
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Jitesh Vikram Shrivastava, SPC with Mr. Rahul Kumar Sharma, GP
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R
28.04.2023
CM APPL. 21412/2023
JUDGMENT

1. The petitioner in his application has made following prayer: a) Allow the instant application and close the right of the respondents to file a counter-affidavit to the CM APPL. 11477/2023.

2. Vide Order dated 20.03.2023, the respondents were directed to file counter affidavit within six weeks. However, till date, the same has not been filed.

3. Learned counsel for the respondents, on instructions, has assured this Court that the counter affidavit is almost ready and will be filed within three weeks.

4. In view of the assurance made by the learned counsel for the respondents, the application is disposed of. 2023:DHC:2898-DB

5. However, it is made clear that if the counter affidavit is not filed within three weeks, the same shall be accepted with a cost of Rs. 10,000/- to be deposited in Delhi High Court Legal Services Committee. CM APPL. 11477/2023

6. Learned counsel for the respondents seeks time and granted three weeks time to file the reply.

7. List before the Registrar on 07.07.2023, the date already fixed.

SURESH KUMAR KAIT, J NEENA BANSAL KRISHNA, J APRIL 28, 2023