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HIGH COURT OF DELHI
W.P. (C) 6774/2020, C.M. Appl. No.26326/2020 (of the petitioner for expunging paragraphs 14 & 15 of judgement dated 23rd September, 2020)
MUKESH GURJAR .....Petitioner
Through: Mr. L.S. Chaudhary and Mr. Ajay Chaudhary, Advocates
Through: Mr. Abhay Prakash Sahay, Advocate
HON'BLE MS. JUSTICE ASHA MENON O R D E R 16.10.2020
C.M. Appl. No.26326/2020 (of the petitioner for expunging paragraphs 14 & 15 of
JUDGMENT
1. The counsel for the petitioner/applicant, in response to paragraphs 14 and 15 of the judgment dated 23rd September, 2020, has filed his own affidavit along with WhatsApp messages, to contend that he had, during the hearing on 23rd September, 2020, not relied on the overruled judgment.
2. Without entering into any controversy and believing the counsel for the petitioner/applicant, we direct that paragraphs 14 and 15 of the judgment be read as without the counsel for the 2020:DHC:3047-DB W.P. (C) 6774/2020 petitioner/applicant having cited the judgment of the Division Bench of this court in Abrar Ali Vs. CISF 2014 SCC Online Del 4064 (DB), which, as observed by us in paragraph 15, stood overruled.
3. The application is disposed of.
4. The Computer Cell of this Court to explore whether this order can be appended to the judgment dated 23rd September, 2020 and if possible, to attach this order along with judgment dated 23rd September, 2020.
RAJIV SAHAI ENDLAW, J. ASHA MENON, J. OCTOBER 16, 2020 pkb