Sribaveshwara Sugars Limited v. Ministry of Consumer Affairs & Ors.

Delhi High Court · 10 May 2019 · 2019:DHC:7541-DB
The Chief Justice; Anup Jairam Bhambhani
LPA 317/2019
2019:DHC:7541-DB
constitutional appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal against the writ court's refusal to grant early hearing of a writ petition, holding that the writ court's discretion in such matters is not to be interfered with lightly.

Full Text
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$-28 HIGH COURT OF DELHI
LPA 317/2019& CM APPLs.22294-96/2019
SRIBASAVESHWARA SUGARSLIMITED Appellant
Through: Mr. S.D. Singh with Mr. Vijay Kumar,Mr. Rahul Kumar Singh, Mr. Kamla Prasad & Ms. Shwati Sinha, Advs.
VERSUS
MINISTRY OF CONSUMER AFFAIRS&ORS Respondents
Through: Mrs. Supama Srivastava, CGSC with Mr. Nikhil Bhardwaj, GP and Ms. Nehul Sharma,Advs.for R-1 & 2.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE ANUP JAIRAM BHAMBHANI
10.05.2019
CM APPL.22295/2019(exemption)&22296/2019(exemytion)
Allowed,subjectto alljustexceptions.
Both the applications stand disposed of.
LPA 317/2019& CM APPL.22294/2019
ORDER

1. Seeking exception to an order passed on 01.05.2019 by the learned writ court in W.P.(C) No.4006/2019 rejecting an application for early hearing ofthe writ petition,this appeal has been filed under Clause 10 ofthe Letters Patent. LPA 317/2019 Page!of[2] 2019:DHC:7541-DB t y. w

2. Petitioner had filed the writ petition challenging certain action ofthe respondents and in the said writ petition had filed an application for early hearing. The application for early hearing has been rejected and the order passed by the learned writ courtreads as under: "CMAPPL.20582/2019

1. This is an applicationfor an early hearing. Thesame is notfeasible.

2. Accordingly, the application is dismissed."

3. Inter alia contending that looking to the urgency of the matter the learned writ courtshould have allowed the application for early hearing,the appellant has approached this Court. In the matter ofgranting early hearing ofthe writ petition,the learned writ courthas exercised its discretion and we see no reason to interferein the matter only because the application for early hearing has been rejected.

4. The discretion exercised by the learned writ court does not call for any interference. The appeal is dismissed along with the pending application.

CHIEF JUSTICE ANUP JAIRAM BHAMBHANI,J. MAY 10,2019 kks