Mukesh Gurjar v. Union of India & Ors.

Delhi High Court · 16 Oct 2020 · 2020:DHC:2852-DB
Rajiv Sahai Endlaw; Asha Menon
W.P. (C) 6774/2020
2020:DHC:3047-DB
civil other

AI Summary

The Delhi High Court clarified that certain paragraphs of its earlier judgment should be read as not attributing reliance on an overruled judgment, based on the petitioner’s counsel’s affidavit, and disposed of the expungement application accordingly.

Full Text
Translation output
W.P. (C) 6774/2020
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
VERSUS
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Abhay Prakash Sahay, Advocate
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
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
dated 23rd September, 2020)

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