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#3 HIGH COURT OF DELHI LPANo.144/2020 SUDHAKAR TIWARI Petitioner
Through: Mr.Rajiv Dutta,Senior Advocate with Mr.Aditya NarayanPrasad, Advocate
Through: Mr.Rajiv Dutta,Senior Advocate with Mr.Aditya NarayanPrasad, Advocate
VERSUS
NEW INDIA ASSURANCE CO.LTD Respondent
Through: Mr.J.P.N.Shahi,Advocate
Through: Mr.J.P.N.Shahi,Advocate
CORAM:
HON'BLE MR.JUSTICE MANMOHAN
HON'BLE MR.JUSTICE SANJEEV NARULA
29.04.2020 CM No.10509-10510/2020 Allowed,subjecttojust exceptions.
LPA No.144/2020 The present appeal has been listed before this Bench by the Registry in view ofthe urgency expressed therein.
The appeal has been heard by way ofvideo conferencing.
Presentletters patentappealhas beenfiled challengingthe order dated
15^April,2020passed bylearned Single Judge ofthis Courtwhereby notice wasissued inthe applicationfiled bythe petitionerforinterim order without giving any relief on the sole ground that grant of any relief at this stage would amountto allowing the writ petition.
Learned senior counsel for the appellant submits that learned Single
Judge has failed to appreciate that the petitioner-appellant is critically ill with cancer and the present writ petition would become infructuous ifthe
2020:DHC:3921-DB / V treatment received by him is stopped on account ofrespondent's erroneous interpretation oftheterms and conditions ofthe impugned claim policy.
Undoubtedly, the present case brooks no delay. However, as notice has been issued both in writ petition as well as stay application and the respondent had been directed to file its reply-affidavits within two weeks, this Court disposes ofthe present appeal by preponing the date of hearing before the learned Single Judge from 19''^ May,2020to May,2020. The respondent is directed to serve an advance copy ofthe counter-affidavit as well as reply to the interim application upon learned counsel for the petitioner by 30'^' April, 2020 and file the same with the Registry of this
Court on or before U'May,2020. Appellantis directed to file its rejoinder- affidavit to the writ petition as well as application for interim relief on or before 4*^ May,2020.
Listthe matter beforethelearned Single Judge on5^May,2020.
With the aforesaid directions, present letters patent appeal stands disposed of.
The order be uploaded on the website forthwith. Copy ofthe order be also forwarded tothe learned counselthrough email.
SAN, APRIL 29,2020 m E NAR OHAN,J /7 2020:DHC:3921-DB
HON'BLE MR.JUSTICE SANJEEV NARULA
29.04.2020 CM No.10509-10510/2020 Allowed,subjecttojust exceptions.
LPA No.144/2020 The present appeal has been listed before this Bench by the Registry in view ofthe urgency expressed therein.
The appeal has been heard by way ofvideo conferencing.
Presentletters patentappealhas beenfiled challengingthe order dated
15^April,2020passed bylearned Single Judge ofthis Courtwhereby notice wasissued inthe applicationfiled bythe petitionerforinterim order without giving any relief on the sole ground that grant of any relief at this stage would amountto allowing the writ petition.
Learned senior counsel for the appellant submits that learned Single
Judge has failed to appreciate that the petitioner-appellant is critically ill with cancer and the present writ petition would become infructuous ifthe
2020:DHC:3921-DB / V treatment received by him is stopped on account ofrespondent's erroneous interpretation oftheterms and conditions ofthe impugned claim policy.
Undoubtedly, the present case brooks no delay. However, as notice has been issued both in writ petition as well as stay application and the respondent had been directed to file its reply-affidavits within two weeks, this Court disposes ofthe present appeal by preponing the date of hearing before the learned Single Judge from 19''^ May,2020to May,2020. The respondent is directed to serve an advance copy ofthe counter-affidavit as well as reply to the interim application upon learned counsel for the petitioner by 30'^' April, 2020 and file the same with the Registry of this
Court on or before U'May,2020. Appellantis directed to file its rejoinder- affidavit to the writ petition as well as application for interim relief on or before 4*^ May,2020.
Listthe matter beforethelearned Single Judge on5^May,2020.
With the aforesaid directions, present letters patent appeal stands disposed of.
The order be uploaded on the website forthwith. Copy ofthe order be also forwarded tothe learned counselthrough email.
SAN, APRIL 29,2020 m E NAR OHAN,J /7 2020:DHC:3921-DB
JUDGMENT