Kamal Singh v. M.C.D. (South) Through Its Deputy Commissioner and Ors

Delhi High Court · 22 Feb 2016 · 2016:DHC:9253
A.K. Pathak; A. Athak
W.P.(C) 1961/2014
2016:DHC:9253
administrative appeal_dismissed

AI Summary

The Delhi High Court held that a writ petition dismissed in default cannot be restored if the petitioner fails to comply with the condition of depositing court-imposed costs.

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$10 HIGH COURT OF DELHI
W.P.(C) 1961/2014
KAMAL SINGH .....Petitioner
Through: Mr. Mobin Ullah, Adv.
VERSUS
M.C.D. (SOUTH) THROUGH ITS DEPUTY COMMISSIONER AND ORS .....Respondents
Through: Mr. Ajjay Aroraa, Adv. with Mr. Kapil Dutta, Adv. for MCD.
Mr. Satyakam, ASC, GNCTD with Mr. Nikhil Bhardwaj, Adv. for R-2 &
3.
Mr. Raj Bahadur Singh, Adv. for R-4.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
22.02.2016 Petition was dismissed in default vide order dated 24 h August, 2015.
Petitioner filed CM No.28681/2015 for restoration of petition. The application was allowed vide order dated th November, 2015 subject to cost of Rs.5,000/- to be deposited with Delhi High Court Legal Services
Committee within a period of one week. Learned counsel for petitioner admits that cost has yet not been deposited. Consequently, the order dated
24th August, 2015 whereby petition was dismissed in default, holds The field.
Writ petition remains dismissed in default.
A. . ATHAK, J.
FEBRUARY 22, 2016 2016:DHC:9253
JUDGMENT