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$-11 HIGH COURT OF DELHI
W.P.(C) 5755/2016 and CM No. 23720/2016
GOPAL KRISHAN KOHLI & ANR Petitioners
Through: Mr Prashant Mendiratta, Advocate.
W.P.(C) 5755/2016 and CM No. 23720/2016
GOPAL KRISHAN KOHLI & ANR Petitioners
Through: Mr Prashant Mendiratta, Advocate.
VERSUS
GOVT.OF NCT (CIVIL) THR APPELLATE TRIBUNAL-CUM-
DISTRICT MAGISTRATE & ORS Respondents
Through: Mr Sachin Nahar, Advocate for R-1 and R-2.
Mr K.K. Aggarwal and Mr Ashish Garg, Advocates for R-3.
DISTRICT MAGISTRATE & ORS Respondents
Through: Mr Sachin Nahar, Advocate for R-1 and R-2.
Mr K.K. Aggarwal and Mr Ashish Garg, Advocates for R-3.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
06.07.2017 The learned counsel for the petitioners does not seek to press the issue, whether the remedy of an appeal would be available to the petitioner against the order passed by the Maintenance Tribunal, in terms of section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
He, however, requests that the order of the Maintenance Tribunal be examined on its own merits and seeks to place on record the additional documents which formed a part of the record before the Maintenance
Tribunal.
The Registry is directed to also summon the records available with the
Maintenance Tribunal by a Special Messenger and ensure that the same is available before the Court on the next date of hearing.
2017:DHC:8772 List on 26.07.2017.
It is clarified that there is no stay and the ad interim order (which was passed exparte and continued thereafter) stand vacated; given that the ftindamental basis on which the writ petition has been filed is now not pressed. Further, prima facie, the order of the Maintenance Tribunal, is reasoned and based on cogent evidence.
JULY 06,2017 RK VIBHU BAKHRU, J 2017:DHC:8772
06.07.2017 The learned counsel for the petitioners does not seek to press the issue, whether the remedy of an appeal would be available to the petitioner against the order passed by the Maintenance Tribunal, in terms of section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
He, however, requests that the order of the Maintenance Tribunal be examined on its own merits and seeks to place on record the additional documents which formed a part of the record before the Maintenance
Tribunal.
The Registry is directed to also summon the records available with the
Maintenance Tribunal by a Special Messenger and ensure that the same is available before the Court on the next date of hearing.
2017:DHC:8772 List on 26.07.2017.
It is clarified that there is no stay and the ad interim order (which was passed exparte and continued thereafter) stand vacated; given that the ftindamental basis on which the writ petition has been filed is now not pressed. Further, prima facie, the order of the Maintenance Tribunal, is reasoned and based on cogent evidence.
JULY 06,2017 RK VIBHU BAKHRU, J 2017:DHC:8772
JUDGMENT