Full Text
Date of Decision: 10.09.2018
AMRIT LAL SURI @ A L SURI ..... Appellant
Through: Mr. Mohit Chaudhary, Advocate
Through: Mr. Gigi C. George, Advocate for R-1
& R-2
HON'BLE MR. JUSTICE V. KAMESWAR RAO RAJENDRA MENON, CHIEF JUSTICE (ORAL)
Allowed, subject to just exceptions.
The application stands disposed of.
LPA No.524/2018 & CM Nos. 36760/2018 (Stay)
JUDGMENT
1. Seeking exception to an order passed by the learned writ Court in the miscellaneous application in question by only issuing notice to the respondents and not granting interim relief as prayed for in CM No.35911/2018, this appeal has been filed under Clause 10 of the Letters Patent. The writ petition in question has been filed by the petitioner and is pending consideration before the learned writ Court. In the said writ petition an application for stay under Section 151 CPC has been filed being CM No.35911/2018 and the prayer made in the said application reads as under: “a) Pass an order staying the action of Respondent 2018:DHC:5815-DB LPA No.524/2018 No.1 and 2 of disqualifying the petitioner thereby directing the Respondents to activate the DIN of the Petitioner; till the pendency of the present writ petition; and/or b) Pass any other order which this Hon’ble Court deem fit in the Interest of Justice.”
2. It is argued that a direction for activating the DIN of the persons like the appellant have been granted in more than 300 cases by this Court and in support thereof an order dated 07.09.2018 in W.P.(C) 9252/2018 in Shilpi Dhir v. Union of India and Anr. is brought to our notice. Having considered the submissions, we find that in various writ petitions pending before this Court, orders have been passed granting various interim reliefs including a direction that DIN numbers as well as digital signatures of the persons like the appellant shall be revived forthwith. That being the position, we see no reason to deny the aforesaid benefit to the appellant in this appeal. Accordingly, for the grounds and reasons indicated in order orders passed by us on 07.09.2018 in Shilpi Dhir (supra), we allow this appeal and direct that the DIN number as well as digital signatures of the appellant shall be revived forthwith.
3. In view of the above, this appeal and the CM No.39919/2018 pending before the writ court stands disposed of. Dasti.
CHIEF JUSTICE
V. KAMESWAR RAO, J
SEPTEMBER 10, 2018